Page 3 - The CFIUS Book

Contents
Foreword 5 What is CFIUS? 7 What is FIRRMA? 7 Why CFIUS matters to you 9 CFIUS Summary 11 CFIUS Detail 7
1 Analyze Whether You Need to File a CFIUS Notice 14
1.1 Question 1: Is Yours a Covered Transaction? 16
1.2 Question 2: Is Yours the Type of Covered Transaction CFIUS Typically Reviews? 24
1.3 Question 3: Is Yours a Mandatory Filing? 30
2 Gathering Your Information, Drafting and Submitting Your Notice 31
2.1 Gathering Your Information 31
2.2 Drafting Your Notice: A Few Tips of the Trade 33
2.3 Drafting Your Notice: A Few Traps on the Trail 35
2.4 Drafting Your Notice: Key Questions 37
2.5 Filing Your Draft Notice 43
2.6 Filing Your Final Notice 48
3 Review and Response 51
3.1 The Review: What You Will See 51
3.2 The Review: What is Happening Behind the Scenes 53
3.3 The Response: 45-Day Investigation 56
3.4 Presidential Review 59
3.5 The Response: Risk Mitigation Imposition 61
3.6 The Response: Denial or Divestment 63
4 Parallel Foreign Investment Reviews: National Security Review and 65 Team Telecom
4.1 National Security Review 65
4.2 Team Telecom Reviews 72
5 The future of CFIUS 77
5.1 All CFIUS, all the time 77
5.2 Expansion into privacy and data security 77
5.3 Three trends in CFIUS enforcement 78
6 Conclusion 79 7. Footnotes and magnified CFIUS maps 81
THE CFIUS BOOK
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