ANALYSIS: CFIUS Can Review Investments in DPA Title III Entities

The Committee on Foreign Investment in the U.S. (CFIUS) is more prepared for the pandemic and economic downturn than you may have realized.

The Committee—which derives its legal authority for national security reviews of transactions involving foreign investment under Title VII of the Defense Production Act (DPA)—has jurisdiction over investments in companies operating facilities that have received funding within the prior 60 months under Title III of the DPA. Such facilities are deemed “covered investment critical infrastructure” under the Committee’s new regulations that went into effect this February. This is just one small component of the Committee’s newly ...