On Tuesday, August 2, 2022, the Committee on Foreign Investment
in the United States ("CFIUS" or "the Committee)
released its Annual Report to Congress for calendar year
2021.1 The report, replete with charts, tables, and
graphs visualizing the data and comparing it to prior years,
broadly details the work the Committee has done in the past year
concerning oversight of foreign investment transactions in areas
deemed critical to U.S. national security. There are several key
takeaways from the report that are particularly important to
international businesses looking to invest in the United
States.
Background: Authority, Composition, and Process
CFIUS, under the Foreign Investment Risk Review Modernization
Act of 2018 ("FIRRMA") and section 721 of the Defense
Production Act of 1950, is an interagency body comprising the
Departments of the Treasury (chair), State, Defense, Justice,
Commerce, Energy, and Homeland Security; the Office of the United
States Trade