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ARTICLE · 12 JUNE 2024

Know Thy Neighbor As Thyself: CFIUS Considerations In Commercial Real Estate Transactions

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While many venture capitalists and private equity sponsors are aware the Committee on Foreign Investment in the United States ("CFIUS") has authority to review inbound investments...

United StatesGovernment, Public Sector
Brian Weimer
Brian Weimer
Drew Svor
Drew Svor
Ethan Lamb
Ethan Lamb
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While many venture capitalists and private equity sponsors are aware the Committee on Foreign Investment in the United States ("CFIUS") has authority to review inbound investments in certain sensitive U.S. industries, many transaction parties may be unaware of CFIUS's jurisdiction to also review the national security risks presented by real estate transactions involving foreign persons. Because real estate transactions do not trigger CFIUS's mandatory filing requirements, it is uncommon for transaction parties to proactively seek CFIUS review of these deals.

However, real estate industry stakeholders—such as investors, landlords, and portfolio managers—should be aware that President Biden recently released an Executive Order ("EO") ordering Chinese-backed cryptocurrency mining company MineOne Partners Limited ("MineOne") to divest its acquisition of real estate located in close proximity (less than one mile) to Francis E. Warren Air Force

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