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CFIUS Guidance: National Security Concerns in Foreign Acquisitions of U.S. Businesses Authors: Nancy A. Fischer, Stephan E. Becker
The Department of Treasury recently published guidance on the considerations examined by the Committee on Foreign Investment in the United States (“CFIUS”) to determine whether national security risks are presented by particular types of transactions covered by the Foreign Investment and National Security Act of 2007 (“FINSA,” amending 50 U.S.C. App. 2170). The guidance provides important insight into the manner in which CFIUS is likely to apply the new regulations it issued on November 21, 2008.
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