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CFIUS Risk Factors Expanded by Executive Order


On September 15, 2022, President Biden issued an executive order (the “Order”) to provide further detail and expand on the factors that the Committee on Foreign Investment in the United States (“CFIUS”) uses to evaluate whether a foreign investment provides a risk to US national security. The Order1 is the first executive order to provide direction to CFIUS on the risks to be considered when evaluating transactions and comes against a backdrop of numerous actions to sharpen and focus the applications of several regulatory regimes to emerging technologies and present-day threats.

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