Page 14 - The CFIUS Book
P. 14
THE CFIUS BOOK
1. Analyze Whether you Need to File a CFIUS Notice
CFIUS REvIEW IS NOT GENERALLy REqUIRED, BUT . . .
Generally, CFIUS notices are voluntary . . . or should we say “voluntary”? Except in certain, specific cases, U.S. law does not
require any person to submit a transaction to CFIUS for review.4 However, the law does authorize CFIUS to review, mitigate, halt, or divest any transaction that it considers covered by its mandate. In certain cases, the only way to avoid later interference by CFIUS in a transaction is to go to the Committee first to clear your transaction.
The definition of a covered transaction
is broad but, in practice, not all
covered transactions are reviewed or
need to be reviewed. Below, we ask AND LIKELy TO BE SCRUTINIzED. three questions to determine whether
CFIUS is likely to examine your transaction:
§1.1 Is yours a Covered Transaction?
§1.2 Is yours the type of covered transaction CFIUS typically reviews?
§1.3 Is yours a mandatory filing?
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. . . yOU SHOULD CAREFULLy ANALyzE WHETHER yOUR TRANSACTION IS COvERED
B
