Tag Archives: CFIUS

Released CFIUS Annual Report Shows Heightened Scrutiny

CFIUS recently published a summary of their 2015 CFIUS Annual Report to Congress.  CFIUS is charged with reviewing foreign investments and advising the President on appropriate actions that may be necessary to suspend or prohibit foreign acquisitions, mergers, or takeovers which threaten to impair the national security of the United States. The Annual Report reflects … Continue Reading

Foreign Investment in the United States: Executive Order to Divest Foreign Investors Withstands Judicial Review

On October 10, 2013, the U.S. District Court for the District of Columbia issued an amended ruling dismissing Ralls Corporation’s (“Ralls”) challenge to a presidential order requiring divestiture of its interest in four companies engaged in developing wind farms near a Naval base in Oregon. After the deal concluded, Ralls – a Delaware corporation privately … Continue Reading

Foreign Investment in the United States: Pork, National Security, and the CFIUS Tie that Binds

This post was written by Bethany Brown, Michael J. Lowell, and Leigh T. Hansson. What does pork have to do with national security? Companies contemplating cross-border investment in the United States should be asking themselves this question in the aftermath of recent action by the Committee on Foreign Investment in the United States (“CFIUS”). Last … Continue Reading

President Obama Follows CFIUS Recommendation, Orders Divestiture on Ralls Wind Farm Deal

As many expected, today President Obama issued an Order exercising his statutory authority to block foreign investment in the United States that he finds to impair national security – in this case, the acquisition of wind farms in Oregon by Ralls Corporation, a firm owned by Chinese nationals. As previously reported, following CFIUS’ interim measures … Continue Reading

Presidential Dilemma on Ralls CFIUS Case

In a closely-watched case that will have important implications for future Chinese investment in the U.S. renewable energy market, President Obama is expected to rule in the next day or so on whether Ralls Corporation can go ahead with the acquisition of a wind farm that happens to be located near restricted airspace used for … Continue Reading
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