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ARTICLE · 21 SEPTEMBER 2022

New Executive Order Formalizes Expanded CFIUS Purview

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On September 15, 2022, President Biden issued an Executive Order titled "Executive Order on Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment...

United StatesGovernment, Public Sector
Ama A. Adams
Ama A. Adams
Brendan C. Hanifin
Brendan C. Hanifin
Emerson Siegle
Emerson Siegle
Kurt Fowler
Kurt Fowler

On September 15, 2022, President Biden issued an Executive Order titled "Executive Order on Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States" (the "Executive Order"). The Executive Order formalizes the recent, expansive interpretation by the Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") of its national security remit.

The Executive Order is best read as an implicit, presidential ratification of the Committee's current modus operandi. Importantly, the Executive Order "does not change CFIUS processes or legal jurisdiction," nor does it seek to impose any guardrails around the Committee's judgment as to what constitutes a national security threat ("CFIUS may consider any national security risk arising out of a transaction over which it has jurisdiction").1 However, the Executive Order foreseeably will cement the Committee's recent approach to national

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