ANALYSIS: CFIUS Final Rules Shaped by Japan Investor Concerns

Yesterday’s new foreign investment regulations reflect key changes and clarifications in response to comments submitted by Japanese and other foreign investors, as well as U.S. industry groups, companies, and law firms. These final rules, issued by the Department of the Treasury as required by the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), apply to the process and standards of the Committee on Foreign Investment in the U.S. (CFIUS).

The regulations give special status to investors from Australia, Canada, and the United Kingdom, loosen thresholds relating to excepted investors so that more investors may attain that status, ...