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The US Government Issues first-ever presidential directive defining national security factors for CFIUS to consider in evaluating transactions

On September 15, President Biden signed an Executive Order (the "EO") identifying national security risks that the Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") must consider when reviewing covered transactions. The EO focuses on five areas: supply chain resilience, impact on US technological leadership, assessment of aggregate investment trends in industries, cybersecurity risks, and sensitive data. Although the EO provides specific guidance on national security factors that the Committee must consider in its review of foreign investment in the United States, it does not affect CFIUS's processes, authority, or legal jurisdiction. The EO signals the US Government's continued emphasis on assessing national security considerations in CFIUS

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  • White & Case (Washington)
  • White & Case (Washington)
  • White & Case (Washington)
  • White & Case (Washington)
  • White & Case (Washington)

Quotation

Farhad Jalinous, Karalyn Mildorf, Keith Schomig, Timothy Sensenig, Ryan Brady, The US Government Issues first-ever presidential directive defining national security factors for CFIUS to consider in evaluating transactions, 15 September 2022, e-Competitions Preview, Art. N° 108754

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