Foreign Investment in the U.S (CFIUS)
CW will handle a full range of matters, including interface with the CFIUS staff and participation in the formal review process, but also guidance on structuring transactions so as to avoid foreign control for CFIUS jurisdictional purposes, assessment of national security implications and advice in determining whether to file with CFIUS, formulation of regulatory and political strategies, direct engagement with the stakeholder agencies before and after filing, and the negotiation of Special Security Agreements and National Security Agreements in obtaining clearance from the Defense Security Service (DSS). As CFIUS proceedings are confidential, in most instances, we are constrained from specifically identifying transactions and the parties we have represented.
CW advises clients on the work of the Committee on Foreign Investment in the United States (CFIUS) and other US government processes for review of foreign investments, including Foreign Ownership, Control or Influence (FOCI) mitigation review conducted by the US Department of Defense’s Defense Security Service (DSS). CW will provide clients with a sophisticated understanding of the process by which the US government reviews national security implications of foreign investments under CFIUS and other mechanisms.
CW will work with merger partners, foreign purchasers, sellers/entities acquired and interested third parties, including defense and intelligence agency contractors, developers/providers of classified and export-controlled technologies, owners/operators of US critical infrastructure and key suppliers, and companies with substantial holdings of strategic resources.