Page 42 - The CFIUS Book

THE CFIUS BOOK
2.4.2. U.S. Target: The Five Key Questions
1. Government Contracts, Products, and Services
§800.402(c)(3)(iii)-(vii):
• Classified contracts
• Contracts with agencies with national defense, homeland security, national
security responsibilities
• products or services supplied to the U.S. government
• products supplied to third parties, rebranded or incorporated into products
for the government
• “rated” contracts or orders under the defense priority allocations System
(dpaS)
If the target has any government contracts, products, or services, Sections (c)(3)(iii) through (vii) require detailed information about those circumstances. If your target has any of these attributes, you should get started right away creating a table of the required information. The business timelines of many acquisitions do not leave a lot of time to gather the CFIUS information. In our experience, this can one of the most time- consuming of all the CFIUS requirements (right up there with the requirement for Personal Identifying Information, discussed in Point 5 under 2.4.1 above). Get started early.
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