Topic summary

Committee on Foreign Investment in the United States

Committee on Foreign Investment in the United States

The Committee on Foreign Investment in the United States (CFIUS, ) is an inter-agency committee in the United States government that reviews the national security implications of foreign investments in the U.S. economy.

CFIUS, led by the U.S. Treasury Secretary, includes members from key government departments such as Defense, State, Commerce, and Homeland Security. Some White House offices, such as the National Security Council, also participate when needed.

CFIUS oversees transactions that might give foreign entities control of U.S. businesses. This includes mergers, acquisitions, or takeovers. It also reviews investments in critical technologies, infrastructure, sensitive data, and specific real estate deals. At CFIUS' recommendation, the President may suspend or prohibit transactions deemed threatening to U.S. national security.

CFIUS was established in 1975 by President Gerald Ford's Executive Order11858, pursuant to Section 721 of the Defense Production Act, initially to study and provide policy recommendations regarding foreign investment. Concerns about Japanese investment in the 1980s, such as Fujitsu's attempt to buy Fairchild Semiconductor, prompted Congress to pass the Exon–Florio Amendment in 1988. This gave the president the power to block foreign deals after a CFIUS review. The committee was granted formal statutory authority by the Foreign Investment and National Security Act of 2007 and further strengthened in 2018 by the Foreign Investment Risk Review and Modernization Act.

CFIUS does not acknowledge which deals are under review nor require the involvement of any of relevant parties. It utilizes classified information from the U.S. Intelligence Community and does not publicly announce its findings. There is no statute of limitations for CFIUS to exert jurisdiction over a transaction. Companies that fail to file their transactions with CFIUS can face penalties or be required to reverse the deal.