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ARTICLE · 16 SEPTEMBER 2022

President Biden Issues Executive Order Regarding Risk Factors For CFIUS Review

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On September 15, 2022, President Biden signed an Executive Order providing formal direction on the risk factors that the Committee on Foreign Investment in the United States (CFIUS) should consider...

United StatesGovernment, Public Sector
John Barker
John Barker
John Bellinger, III
John Bellinger, III
Charles Blanchard
Charles Blanchard
Ronald Lee
Ronald Lee
Soo-Mi Rhee
Soo-Mi Rhee
Nancy L. Perkins
Nancy L. Perkins
Nicholas Townsend
Nicholas Townsend
Trevor G. Schmitt
Trevor G. Schmitt
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On September 15, 2022, President Biden signed an Executive Order providing formal direction on the risk factors that the Committee on Foreign Investment in the United States (CFIUS) should consider when reviewing a covered transaction. CFIUS is an interagency committee authorized to review certain transactions involving foreign investment in the United States, including certain real estate transactions, to determine the impact of such investment on US national security concerns.

This is a first-ever Executive Order since CFIUS was established in 1975 providing formal Presidential directives regarding the risks CFIUS should consider in its reviews of covered transactions. CFIUS should consider the specific risk factors outlined in the Executive Order, in conjunction with the national security factors that are already set out in Section 721(f) of the Defense Production Act.

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