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The Fate of Chinese Investment and CFIUS Review in the Time of Trump

Despite the rapid rise in Chinese investment in the U.S. in recent years, there has been some early speculation that the Trump Administration would not allow the level of Chinese investment to continue at the same rate.  

Proposals to limit Chinese investment continue to be floated in Congress.  Recent developments suggest however that these concerns are overblown.  Prospects for Chinese investment remain bright.  At the same time, the Committee on Foreign Investment in the U.S. (CFIUS) retains considerable discretionary authority to block foreign direct investments from China and elsewhere, or to dictate changes to the terms of the deal.  Threats to U.S. national security, including the safety of our country’s infrastructure, remain key criteria for CFIUS in its scrutiny of inbound transactions.  

To safeguard against a delayed or blocked transaction, it is critical to understand the factors that could trigger the need for CFIUS review, and to consider measures to mitigate risk as early as possible in the deal making process. For more details on recent CFIUS developments and how to take CFIUS issues into consideration when considering a U.S. investment, read our recent Client Update.

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Foster Garvey’s International practice group comprises a cross-disciplinary group of attorneys practicing in areas ranging from business transactions, immigration, maritime, government regulatory work, transportation and logistics and estate planning. The group members include bilingual and multicultural attorneys who are well-versed in handling these subject matters in a cross-border context. A number of attorneys have been actively practicing in the international arena since the early 1970s.
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