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21 September 2023

Federal And State Restrictions On Foreign Investment In US Real Estate

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Squire Patton Boggs LLP

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Unlike many countries, the United States has generally remained open for investment in US real estate by foreign owned entities, albeit with some government oversight.
United States Government, Public Sector
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Unlike many countries, the United States has generally remained open for investment in US real estate by foreign owned entities, albeit with some government oversight. The primary regulatory hurdle has long been the Committee on Foreign Investments in the United States (CFIUS), a federal interagency committee with a relatively narrow scope of review related to national security interests.

Additionally, the Agricultural Foreign Investment Disclosure Act of 1978 (AFIDA)1 requires increased transparency for transactions related to agricultural land in particular. As discussed below, growing anti-China sentiment is largely driving the policy discussion around foreign investment in US real estate, particularly Chinese-ownership, transactions involving farmland, and overall national security interests.

To read more on this topic, please access our article from AFIRE's Summit Journal here.

Footnote

1 Agricultural Foreign Investment Disclosure Act of 1978 [Public Law 95-460] [as amended through P.L. 110–246, effective May 22, 2008] [7 U.S.C. §§ 3501-3508]

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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