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CFIUS
What does the federal shutdown mean for CFIUS operations?

What does the federal shutdown mean for CFIUS operations?

Over the last week, we’ve been inundated with inquiries from readers about what it means for CFIUS operations, national security reviews, and ongoing filings. Two repeated questions we keep hearing: What happens to new submissions, and how likely are approvals during the shutdown?

Better alignment on FDI screening across North America is proposed

Better alignment on FDI screening across North America is proposed

A bipartisan pair of Senators has floated a proposal that would direct the U.S. Trade Representative to prioritize North American alignment on foreign investment screening. The proposal would impact the upcoming joint review of the U.S.-Mexico-Canada Agreement. Details, proposed solution inside.

Next head of CFIUS may double down on non-notified inquiries

Next head of CFIUS may double down on non-notified inquiries

Last week, the Senate Banking Committee held a confirmation hearing for Chris Pilkerton, who has been nominated to serve as the next Assistant Secretary of Investment Security at Treasury. Our readers predicted that Pilkerton would be confirmed by Dec. 5, so we may be ahead of schedule.

Another bill would add greenfields, brownfields to CFIUS jurisdiction

Another bill would add greenfields, brownfields to CFIUS jurisdiction

Two U.S. representatives proposed a bipartisan bill that would set a 100% tariff on strategic items from China, including critical minerals and dual-use goods. The bill would also require CFIUS to approve all foreign investments involving land or factory creation from adversarial nations. Details inside.

CFIUS filings down again; are cos. comfortable with non-notified risk?

CFIUS filings down again; are cos. comfortable with non-notified risk?

The latest CFIUS Report to Congress was just published, and the document raises more questions than it answers. Here’s one: If France has less than one-fifth the FDI inflows of the U.S., why did the French review more foreign investment transactions than CFIUS? Details, report and insights are inside.

Senator wants comprehensive review of CFIUS, FOCI regimes

Senator wants comprehensive review of CFIUS, FOCI regimes

Senator Elizabeth Warren (D-Massachusetts) has asked the General Accountability Office to conduct a “comprehensive review” of critical U.S. foreign investment regimes, including CFIUS and FOCI. Of particular interest to the Senator: Third-party monitors. Details and the actual letter are inside.

Budget allocations and staffing for CFIUS look to be flat in FY 2026

Budget allocations and staffing for CFIUS look to be flat in FY 2026

Last week, the House Appropriations Committee released the Fiscal Year 2026 bill for the Financial Services and General Government Subcommittee. The total discretionary allocation was $23 billion, down 7.9% from the FY25 enacted discretionary appropriation. CFIIUS details and impact are inside.

Is Trump’s order to review U.S. Steel transaction precedent-setting?

Is Trump’s order to review U.S. Steel transaction precedent-setting?

Last week, President Trump ordered a review of the Nippon-U.S. Steel transaction, which Pres. Biden had prohibited at the end of his term. Experts say the “de novo” review (which means the Biden decision will have no bearing on the outcome) may be a first, with long-term implications for transaction parties.

Who do the GenAI models predict will serve as next head of CFIUS?

Who do the GenAI models predict will serve as next head of CFIUS?

Since we haven’t been able to find any hard data on potential nominees for the next Assistant Secretary for Investment Security, we did the next best thing: We asked GenAI. The results were surprising, with a host of interesting candidates based on criteria the models say the President Trump would himself use.

Trump to make CFIUS more China focused; eliminate certain NSAs

Trump to make CFIUS more China focused; eliminate certain NSAs

Last week, President Trump issued a sweeping national security memorandum that appears to transform CFIUS into a regime-specific entity. It also would “cease the use of overly bureaucratic, complex, and open-ended mitigation agreements.” Details and the memorandum are inside.

Former head of CFIUS Paul Rosen to join law firm as natsec partner

Former head of CFIUS Paul Rosen to join law firm as natsec partner

Well that didn’t take long. As many readers have already heard, former Assistant Secretary of the Treasury for Investment Security Paul Rosen has decamped for Latham & Watkins, where he’ll focus on CFIUS matters, outbound reviews and more. Stay tuned for an exclusive interview with Rosen.

Predicting the implications of the decision to block sale of U.S. Steel

Predicting the implications of the decision to block sale of U.S. Steel

As most Foreign Investment Watch readers know by now, President Biden has blocked Japanese steelmaker Nippon from acquiring U.S. Steel. Inside, we discuss with experts the impact of the decision for foreign investment reviews, including the implications for excepted foreign states.

Retroactive reviews and expanded CFIUS jurisdiction sought in letter

Retroactive reviews and expanded CFIUS jurisdiction sought in letter

Right on the heels of a report that detailed threats to the nation’s ports, Congressional leaders have sent a letter to Treasury Secretary Janet Yellen urging her to put U.S. Coast Guard facilities and other sensitive sites under CFIUS jurisdiction, and to allow for retroactive land purchase reviews. Details inside.

Is Trump’s order to review U.S. Steel transaction precedent-setting?

CFIUS publishes “unprecedented” details on penalties issued to date

CFIUS head Paul Rosen disclosed over a year ago that penalties had been issued under the new enforcement guidelines, but the Committee has been relatively silent on details. Until now. Last week, CFIUS provided extensive details on penalties, and unveiled how “DONT” letters are being used.

Will new beneficial ownership law aid CFIUS’s ongoing NNT search?

Will new beneficial ownership law aid CFIUS’s ongoing NNT search?

The Corporate Transparency Act, which requires certain companies to disclose beneficial ownership information, became effective back in January. Experts now say the Act could theoretically help CFIUS in its ongoing search for non-notified transactions. Details, context and insights are inside.

Military sites added to the CFIUS jurisdiction list won’t be the last

Military sites added to the CFIUS jurisdiction list won’t be the last

As we mentioned in last week’s edition, the Treasury Department has proposed a new rule that would expand the number of military installations over which CFIUS has jurisdiction. This is the second expansion of the real estate provisions of FIRRMA in the last year, and it won’t be the last. Details inside.

Activist group sues CFIUS over a failure to respond to FOIA request

Activist group sues CFIUS over a failure to respond to FOIA request

A conservative activist group known for filing Freedom of Information Act requests and lawsuits has filed a FOIA lawsuit against Treasury seeking communications between CFIUS and the Agriculture Department. Details, insights, a list of other FOIA requests sent to CFIUS, and the lawsuit are inside.

Firm wins $20M Treasury contract to build IT systems for outbound

Firm wins $20M Treasury contract to build IT systems for outbound

The government contracting unit of Accenture has been awarded a $20 million contract to work on the CFIUS case management system and other “international affairs projects,” including the outbound investment program. The contract comes right on the heels of another we recently tracked.

T-Mobile bid for UScellular raises a number of national security issues

T-Mobile bid for UScellular raises a number of national security issues

Last week, T-Mobile announced that it would acquire almost all of UScellular, the fourth-largest wireless carrier in the U.S. The transaction raises a number of interesting national security questions, particularly related to a government-focused business unit that serves federal agencies.

Predicting the implications of the decision to block sale of U.S. Steel

President Biden blocks real estate acquisition near U.S. air force base

President Biden has issued an order prohibiting the purchase of a cryptomining facility that was located within one mile of Francis E. Warren Air Force Base in Wyoming. According to the order, the buyer, MineOne, is “ultimately majority owned” by Chinese nationals. Details are inside.