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ARTICLE · 17 OCTOBER 2017

Looking Beyond The Recent CFIUS Annual Report

Jones Day
Jones Day
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CFIUS reviewed 143 transactions during 2015.

United StatesInternational Law
Laura Fraedrich
Laura Fraedrich
D. Grayson Yeargin
D. Grayson Yeargin
Chase Kaniecki
Chase Kaniecki
Author LinkedIn connections

In Short

The Situation: CFIUS recently released its annual report to Congress regarding transactions reviewed by CFIUS during 2015, as well as limited information regarding transactions reviewed during 2016.

The Result: The information released by CFIUS shows a steady, increasing workload at CFIUS; an increase in the number of transactions subjected to the additional 45-day investigation period; limited, but additional mitigation; and new areas of focus.

Looking Ahead: Due to recent developments in the CFIUS process, including a significant increase in the number of notices, an increase in the number and variety of questions from CFIUS, and the lack of political appointees, parties considering transactions within CFIUS's jurisdiction now must consider not only the national security risks presented by a transaction but also the risk of a protracted CFIUS review process.

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