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also provides that CFIUS may consider any other factors that the Committee finds appropriate in determining whether a transaction poses national security risk.
1.2.2. Types of Transactions CFIUS Reviews
H
A look through the types of transactions CFIUS has reviewed may be illustrative, if not determinative, of whether your transaction will be subject to CFIUS review. Similar transactions may not be reviewed and dissimilar transactions may attract CFIUS notice. However, a comparison of your transaction against those transactions that have come under CFIUS review may give a clue as to whether CFIUS will take an interest.21
Recall that CFIUS focuses on one or both of the two major national security considerations presented by a transaction – target attributes and acquirer attributes – as follows:
§1.2.2.1 Target Attributes. the nature of the U.S. business over which foreign control is being acquired; and
§1.2.2.2 AcquirerAttributes.thenatureoftheforeignpersonthatacquirescontrolover a U.S. business.
THE CFIUS BOOK
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