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Strategic Considerations When CFIUS Calls About Your Closed Transaction

Wednesday, November 17, 2021
10:00 AM - 11:00 AM CST
Tuesday, November 16, 2021
09:00 PM - 10:00 PM ET
06:00 PM - 07:00 PM PT

In recent years, and with the expansion of the Foreign Investment Risk Review Modernization Act (FIRRMA), the Committee on Foreign Investment in the United States (CFIUS) has increased its outreach to parties and review of “non-notified” transactions.

These reviews have led to detailed engagement with the Committee and, in a number of cases, to CFIUS requests for full notice filings. In FY 2020 almost 20% of the non-notified matters resulted in requests for submissions to CFIUS. There is reason to believe that this percentage may increase. Although non-notified are not limited to transactions involving China, as tensions continue between the United States and China, resulting in ancillary effects in other jurisdictions, it is evident that Chinese investments of all sizes, whether direct or indirect, will continue to be a priority focus for CFIUS.  This increased focus may arise not only from the Committee’s own outreach but also from the multilateral approach to foreign direct investment reviews embedded in FIRRMA.  Parties may see an increased outreach both in the United States and abroad.

Join members of our CFIUS Working Group and US-China Trade Policy and Global Impact team as we discuss key considerations for Chinese companies when evaluating the likelihood of a CFIUS review of a closed transaction.

Topics will include:

  • Whether the timing of your transaction can impact CFIUS review
  • Industries that may be most impacted
  • Managing outreach from CFIUS and individual Committee member agencies
  • How to manage engagement with CFIUS
  • Preparing for a potential or likely outreach from CFIUS