Recent Changes in the CFIUS Evaluation Process
Recently the Committee on Foreign Investment in the United States (“CFIUS”, or the “Committee”) announced three changes that impact how the Committee evaluates foreign investments in U.S. businesses. While the changes appear minor, the modifications provide CFIUS with even greater capabilities to ensure protection of U.S. national security. “Springing Rights” are No Longer an Option. Following the passage of the Foreign Investment Risk Review Modernization Act (“FIRRMA”), certain transactions involving TID U.S. businesses[1] that afford foreign investors control or certain...