Hot Topics

State-Specific Developments
Kansas bill would limit property owners from countries of concern

Kansas bill would limit property owners from countries of concern

The Sunflower State (yes, that’s Kansas) is the latest to wade into the national security debate, following the lead of Florida, Missouri and others that have regulated foreign ownership of property. The Kansas move would prohibit certain purchases within 150 miles of any military installation. Details inside.

Court: Florida can’t prevent Chinese nationals from buying property

Court: Florida can’t prevent Chinese nationals from buying property

As we covered back in June, Florida had enacted a law banning foreign nationals from China and other “countries of concern” from purchasing certain real estate holdings. An appeals court has now prohibited enforcement of that ban. Details, the case, a DoJ statement of interest, the impact, and more inside.

Bill would give governors power to question CFIUS about transactions

Bill would give governors power to question CFIUS about transactions

A U.S. Senator has introduced a bill that would force CFIUS to respond to inquiries from governors about transactions within state borders. The proposal runs counter to FIRRMA and current practice, and raises questions about the states’ role in national security, just as the states ramp up activity. Details inside.

Missouri is latest state to bar foreign adversaries from purchasing land

Missouri is latest state to bar foreign adversaries from purchasing land

As we’ve been covering extensively, numerous U.S. states (and even cities) have taken action to regulate foreign investment within their borders. Add Missouri to the list. Last week, Governor Mike Parson restricted the purchase of agricultural land near the state’s military facilities. Details inside.

Agricultural company is forced to sell Arkansas land over Chinese ties

Agricultural company is forced to sell Arkansas land over Chinese ties

This may be a first. Switzerland-based agriculture company Syngenta, which is a subsidiary of the Chinese state-owned China National Chemical Corporation, is being forced to give up its land holdings in Arkansas. Details and context on state-wide foreign investment regulations are inside.

Florida is the latest state to restrict foreign ownership of real estate

Florida is the latest state to restrict foreign ownership of real estate

As we’ve covered extensively, several U.S. states have taken action to regulate foreign investment within their borders. Florida is the latest to place restrictions on entities or individuals from certain “countries of concern,” including China, Russia, Iran and others. Details and other state actions inside.

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.

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.