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On September 15, President Biden signed an Executive Order clarifying the factors that the Committee on Foreign Investment in the US (“CFIUS”) may use to determine whether a transaction poses a risk to U.S. national security.1
The Executive Order outlines five factors CFIUS will consider in evaluating the national security risk of a particular transaction:
As our previous articles have discussed, the number of transactions with ties to China reviewed by CFIUS is showing an upward trend.3 Parties interested in U.S. investments should carefully consider the Order's implications and monitor its implementation by CFIUS, including in the context of heightened sensitivity surrounding China-related investments.
Footnotes
1. https://www.whitehouse.gov/briefing-room/presidential-actions/2022/09/15/executive-order-on-ensuring-robust-consideration-of-evolving-national-security-risks-by-the-committee-on-foreign-investment-in-the-united-states/.
2. Id.
3. https://www.mayerbrown.com/en/perspectives-events/publications/2022/09/cfius-reports-record-year-in-2021-including-an-increased-focus-on-china.
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