U.S. Tightens Rules for Foreign Deals’ Security Risk Reviews

The new rules will have an increased focus on real estate transactions.

(Bloomberg)—The Trump administration on Monday issued long-awaited rules that will intensify scrutiny of foreign investment in U.S. companies.

The final regulations, which will go into effect on Feb. 13, put teeth in a 2018 law that expanded the authority of the Committee on Foreign Investment in the United States, or Cfius, to examine national security risks posed by foreign deals. More cross-border transactions will now be subject to reviews by the inter-agency panel, exposing a greater number of deals to the risk of rejection by the U.S. government.

“These regulations strengthen our national security and modernize the investment review process,” Treasury Secretary Steven Mnuchin said in a statement. “They also maintain our nation’s open investment policy by encouraging investment in American businesses and workers, and by providing clarity and certainty regarding the types of transactions that are covered.”

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