Partner Ken Nunnenkamp commented to GCR on President Joe Biden’s issuance of an executive order expanding on the existing list of factors that the Committee on Foreign Investment in the United States (CFIUS) should consider when reviewing deals for national security concerns.
According to Ken, the new executive order could impact CFIUS in several ways, depending in part on whether the committee has been performing some or all of the recommended analyses already behind the scenes.
“It stands to reason that this was not the case,” he said. “Otherwise, the executive order would be not just redundant, but unnecessary. We should not assume that this lengthy executive order is simply window dressing of a sort and adds nothing to CFIUS reviews.”
Subscription may be required.