ARTICLE
6 November 2019

Foreign Investment 2020: CFIUS Spotlight On "TID" U.S. Businesses

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Morrison & Foerster LLP

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Known for providing cutting-edge legal advice on matters that are redefining industries, Morrison & Foerster has 17 offices located in the United States, Asia, and Europe. Our clients include Fortune 100 companies, leading tech and life sciences companies, and some of the largest financial institutions. We also represent investment funds and startups.
Foreign Investment 2020: CFIUS Spotlight on "TID" U.S. Businesses.
United States Government, Public Sector

FIRRMA directed the U.S. Department of the Treasury ("Treasury"), as the chair of CFIUS, to issue regulations that, among other things, address national security concerns arising from foreign investment in U.S. businesses with critical technologies, critical infrastructure, and personal data (referred to in the proposed regulations as "TID U.S. businesses"). The proposed CFIUS regulations implement these provisions of FIRRMA by (i) defining what constitutes a TID U.S. business and (ii) expanding CFIUS's jurisdiction to include not only transactions that result in control of a TID U.S. business, but also "covered investments" that give a foreign person certain rights with respect to a TID U.S. business (together referred to as "covered transactions").

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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