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CFIUS/National Security Practice

Practices

CFIUS/National Security/Foreign Direct Investment

National security considerations can be key to the success of a company’s deal or business. Our team has substantial experience assisting companies navigating national security issues relevant to their transactions.

CFIUS

We assist clients in understanding when their investment activity will be subject to the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS). CFIUS is a federal interagency committee authorized to review certain transactions to determine the effect of these transactions on U.S. national security. CFIUS is authorized to review: (1) transactions that would result in a foreign entity controlling a U.S. business, (2) certain non-controlling investments in Technology, Infrastructure, and Data (TID) U.S. businesses, and (3) real estate transactions in covered geographic areas.

Examples of Our Experience

  • Representing a U.S. oil and energy company before CFIUS in a transaction involving a Chinese entity seeking a minor share of the company.
  • Representing a large European aerospace company and its U.S. subsidiaries before CFIUS and DSS in a multibillion-dollar acquisition/merger of two large aerospace companies, both with a significant presence in the United States and Europe.
  • Representing a European company before CFIUS in the acquisition of a U.S. electric motor manufacturer.
  • Advising multiple non-U.S. energy investors on the national security risks associated with investment in generation, transmission and pipeline projects to assist the investors in determining whether to make a voluntary notification to CFIUS.
  • Representing a Japanese company before CFIUS in the acquisition of a company providing technical services to semiconductor manufacturers.
  • Representing a Spanish company in the acquisition of a U.S. security services company.
  • Facilitating an informal discussion with administration and congressional officials on behalf of a U.S. company involved in commercial satellite launches to analyze and review a contemplated transaction involving investment by a Russian entity.
  • Representing a European government-owned energy developer before CFIUS in multiple sales of renewable energy assets to other European, Canadian and Middle Eastern investors.
  • Representing a Chinese pharmaceutical company in the acquisition of a U.S. pharmaceutical developer.
  • Counseling a European company on the multibillion-dollar acquisition of a global manufacturing line from another non-U.S. company with significant U.S. operations.
  • Representing a U.S. telecommunications equipment provider in the multibillion-dollar sale of its business line to a European company.
  • Obtaining CFIUS clearance for the sale to German and Russian entities of a U.S. company holding rights for worldwide commercial marketing and sales of commercial launch vehicles.
  • Obtaining CFIUS clearance for the acquisition of a U.S. communications company by a U.S. subsidiary of a Japanese company.
  • Advising a U.S. subsidiary of a Japanese company on FOCI mitigation measures, developing compliance programs and coordinating with DSS so the U.S. subsidiary could pursue contracts with the U.S. government that involved classified information.