CFIUS — The Year Ahead

The Committee on Foreign Investment in the United States (“CFIUS”), an interagency body chaired by the Treasury Dept. which vets certain transactions for their potential effects on U.S. national security, has instituted several reforms over the past two years, so substantially more transactions are now being reviewed, subject to mitigation agreements where deals must be restructured, and more are proceeding to a secondary investigative phase by CFIUS.

Parties also need assistance from counsel responding to more detailed questionnaires from CFIUS during the initial review process. Kelley Drye has authored a client advisory that sums up the recent changes, analyzes them, and offers predictions of what lies ahead in 2009.