CFIUS (Committee on Foreign Investment in the U.S.)

Overview

CFIUS, an inter-agency committee of the U.S. government, reviews and investigates the impact of foreign investments in U.S. companies, projects, or assets. The committee has broad authority to impose measures on the transacting party, as a condition to granting approval, in order to mitigate any potential national security risk. Transactions not properly structured to address U.S. national security considerations may be blocked or unwound.

In addition to our strong technical understanding of the current law and procedure, we have proven practical experience in navigating the complex CFIUS process. We successfully obtained clearance in numerous matters across a wide range of industries and jurisdictions, including transactions involving government-owned or -controlled acquirers.

Our interdisciplinary team understands key issues in CFIUS filings involving controlled products or technology, including export controls, sanctions, and national industrial security procedures. We also engage with other U.S. government agencies on national security matters on behalf of our clients, including the Departments of Treasury, State, Defense, Commerce, Homeland Security, and Energy.

Representative Experience

• Merck KGaA: Acquisition of Intermolecular, a publicly traded, NASDAQ-listed company based in Silicon Valley
• Calgary-based manufacturer: Advised company producing lithium cells and packs for use in the oil and gas drilling sector on acquisition of a U.S.-based battery pack manufacturer
• Spanish infrastructure firm: Guided the company in its acquisition of a U.S. construction and maintenance work provider on transmission and infrastructure assets
• Scandinavian private equity fund: Represented the client in acquisition of a controlling interest in a U.S. technology company that develops mobile video collaboration solutions subject to the ITAR
• European luxury car manufacturer: Facilitated the acquisition of a U.S. manufacturer of custom robotics, specialty tooling, and remote visual inspection systems
• Malaysian agricultural company: Assisted operation, affiliated with the Malaysian government, in acquisition of a U.S. oleochemical company and related private railway