District of Columbia Outline of Considerations for Transactions Involving Foreign Investors

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US-DD01506
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This form is an outline of issues that the due diligence team should consider when determining the feasibility of the proposed transaction.

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FAQ

What is the scope of CFIUS's jurisdiction? CFIUS is empowered to conduct national security reviews of "covered transactions," which regulations define as a proposed or pending "transaction" with any "foreign person" which could result in "control" of a "US Business" by a foreign person.

Under the regulations administered by the Committee on Foreign Investment in the United States (CFIUS), the term foreign person means: (1) any foreign national, foreign government, or foreign entity; or (2) any entity over which control is exercised or exercisable by a foreign national, foreign government, or foreign

CFIUS is an interagency committee chaired by the Department of the Treasury and is responsible for reviewing foreign investments in, or acquisitions of, US businesses and real estate to determine if the transaction threatens to impair US national security.

The International Monetary Fund (IMF) defines foreign direct investment (FDI) as a cross-border investment in which an investor that is resident in one economy has control or a significant degree of influence on the management of an enterprise that is resident in another economy. IMF, Balance of Payments and

The US is the world's largest recipient of foreign direct investment (FDI). The US government policies on taxation and regulation offer foreign investors wide freedom. Nevertheless investments controlled by foreign governments may be subject to restrictions.

CFIUS is an interagency committee authorized to review certain transactions involving foreign investment in the United States and certain real estate transactions by foreign persons, in order to determine the effect of such transactions on the national security of the United States.

CFIUSthe Committee on Foreign Investment in the United Statesis the process used to screen investments into the U.S. for national security concerns. Whenever a foreign entity acquires a controlling interest in a U.S. business, it is subject to scrutiny by CFIUS.

CFIUS is an interagency committee authorized to review certain transactions involving foreign investment in the United States and certain real estate transactions by foreign persons, in order to determine the effect of such transactions on the national security of the United States.

Foreign Investment in India is governed by the FDI policy announced by the Government of India and the provisions of the Foreign Exchange Management Act (FEMA) 1999. Reserve Bank of India has issued Notification No. FEMA 20/2000-RB dated which contains the Regulations in this regard.

CFIUS has its roots in the Defense Production Act of 1950 but became more active after President Gerald Ford signed Executive Order 11858 in 1975.

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District of Columbia Outline of Considerations for Transactions Involving Foreign Investors