We are a Chinese tech company that is considering a deal with a U.S. counterpart. We are also considering a similar venture with a French company. We want to get moving quickly on the venture but are worried that the venture might be severely delayed by a lengthy CFUS review. How long are CFIUS reviews taking? How can we expedite the process?
The CFIUS process now is the most challenging in my 20 years of experience. The key to CFIUS is to know the CFIUS council members, have the right lawyer connected to them and devise a "mitigation agreement" that you know they will accept but that allows your business objectives still to be attained. The process can take 3-6 months, it really depends on the situation and the asset, it can take longer as well. To expedite you need the right connections.
The honest answer is that CFIUS reviews are being delayed. The required time period is 60 days, but I am personally aware of a number of instances where the Chinese party submitting has been required to resubmit. I can't give you confidential information, but I can tell you I'm not aware of any example of expedited treatment. The President is particularly concerned about Chinese investments in tech, infrastructure and transportation. I wish I could give you a more optimistic answer.
That's an international lawyer questions. There is likely nothing you can do to speed up the process and the current Trump Administration is putting these requests under more scrutiny and turning down more requests due to US national security issues.
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