Are there certain things investors should be cautious of? Or deals the committee is likely to be OK with?
Answers
On August 13, 2018, the Foreign Investment Risk Review Modernization Act became law. FIRRMA expands the scope of CFIUS’ review authority to encompass a wider range of investments by foreign persons. It amends the definition of “covered transaction” to expand the scope of CFIUS, to expressly include real estate transactions involving air or maritime ports and other properties in close proximity to sensitive U.S. government facilities or that otherwise present intelligence-gathering and surveillance risks. This is not an inclusive summary, and the group will take into account the government’s views about the acquiror’s nationality at the time. I’d start with those guidelines.