Committee on Foreign Investment in the United States

Country / jurisdiction: United States · Year: 1975 · Status: In force · Level: National · Type: Voluntary

The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee lead by the US Treasury that screens and approves certain foreign investments in the US. The CFIUS may conduct an investigation into proposed foreign investments and order divestment, if the investment is found to be contrary to US "national security" interests.

Initially established in 1975, the CFIUS was further expanded recently in 2018 in response to concerns around foreign investment into critical industries and infrastructure. An additional executive order (Executive Order 14083) was signed that provided further guidance on the implementation of the CFIUS' responsibilities; without changing the scope of or authority granted to the CFIUS.

Notification to the CFIUS is voluntary for a majority of foreign investments. However, the CFIUS may conduct a review regardless of whether such notification was made, and notification is mandatory for certain investments, including the acquisition of 25% of more of voting shares in a US business engaged in technology, critical infrastructure, and sensitive personal data (TID) business operations. Critical infrastructure includes electric grid equipment and operations.

Executive Order 14083 further clarified that the CFIUS should review the impact of any proposed investment on the technological leadership of the US in a number of fields, including microelectronics, advanced clean energy, and climate adaptation technologies.

Official source: https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius