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?
Answers
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.
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.