The Committee on Foreign Investment in the United States (CFIUS or the Committee) is a federal interagency consortium that evaluates whether a foreign entity's acquiring certain U.S. assets presents a national security risk. Though CFIUS is based in the U.S. Department of the Treasury, 16 federal agencies and offices may count as its decision-makers and stakeholders.
A short background is apt. Soon after the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) was enacted, FIRRMA-derived regulations followed. The Committee is authorized to assess the national security propriety of these kinds of transactions: (1) certain non-controlling investments in some U.S. businesses involved with critical technology, critical infrastructure, or sensitive personal data ' recognized as "TID US businesses" ' and (2) certain real estate transactions. CFIUS usually works out mitigation agreements with the acquirers, though the President may block a transaction. Highly restricted judicial review may happen, but it is...
