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State-Specific Developments
Did the state of Texas just insert itself into CFIUS tip line process?

Did the state of Texas just insert itself into CFIUS tip line process?

The Texas State Senate wants to create a process through which locals could report non-notified transactions to CFIUS. The proposed rule would ostensibly insert the Texas attorney general into the process, as the AG would “retain a copy of any documents submitted” to CFIUS. Details inside.

Additional foreign ownership bills proposed in U.S. states last week

Additional foreign ownership bills proposed in U.S. states last week

North Dakota is the latest state to propose a bill that would limit foreign investment in the state. The move comes as Wyoming and other states have seen similar legislation. Critics say a patchwork of state laws will ultimately undermine CFIUS. Details and a list of state-by-state initiatives are inside.

States trying to override executive branch in area of national security?

States trying to override executive branch in area of national security?

A member of the Wyoming state legislature has proposed a bill that would ban foreign citizens and companies from owning agricultural land in the state. The move is the latest in a series of state actions that may run counter to the judgment of Congress. Details, and why it matters, are inside.

CFIUS says it lacks jurisdiction in case involving Fufeng in N. Dakota

CFIUS says it lacks jurisdiction in case involving Fufeng in N. Dakota

Okay, it’s official. Despite the urging — and now criticism — of Congressional leaders, CFIUS has decided that Fufeng USA’s purchase of more than 300 acres of land in Grand Forks, North Dakota, is not a covered transaction. Details, reactions, and a (rare) copy of the CFIUS correspondence is inside.

State conducting national security review of investments. New trend?

State conducting national security review of investments. New trend?

South Dakota’s Kristi Noem is the latest governor to call for a review of the state’s investments to determine whether it has any stakes in Chinese companies. She’s not the first governor to conduct a “national security audit,” which we predicted would become more common. Details inside.

Should states have mechanism for channeling concerns to CFIUS?

Should states have mechanism for channeling concerns to CFIUS?

A well-respected law school professor has published an essay that explores the overlap of state laws and CFIUS. The essay explores whether state and local officials should have a mechanism for channeling concerns and local knowledge into the CFIUS process. Details inside.