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Key Takeaways from CFIUS’s Annual Report Covering the 2015 Calendar Year

09.21.17
On September 19, 2017, the Committee on Foreign Investment in the United States (CFIUS), the inter-agency committee charged with reviewing foreign investments in U.S. businesses for potential national security implications, released its Annual Report to Congress detailing the Committee’s activity during calendar year 2015. The report offers an overview of the deals that came before the Committee during 2015 and provides insight into trends and touchpoints that may be helpful for parties to consider in making cross-border investments into the United States. While informative, the usefulness of the 2015 data is significantly tempered by its age (the Annual Report was released 21 months after the close of the 2015 calendar year). The political and regulatory environment affecting foreign trade and direct investment has shifted dramatically since 2015, particularly in relation to proposed investments by Chinese investors in U.S. businesses. Thus, while the release of the 2015 data is welcome, it does not provide a reliable basis to project CFIUS outcomes in the near to medium term.