CFIUS Condition


Summary

This CFIUS condition clause is a condition to closing that may be inserted into an operative agreement. It requires that approval from the Committee on Foreign Investment in the United States (CFIUS) has been obtained prior to the closing of the transaction. This clause contains practical guidance, drafting notes, and alternate clauses. If a transaction could result in a foreign person investing in a United States business such that the transaction poses national security risks, the Exon-Florio Amendment to the Defense Production Act of 1950, as amended (Exon-Florio) authorizes the president of the United States (or the president's designees) to investigate and prohibit, suspend, or limit the transaction. The review and investigation process under Exon-Florio is conducted by the Committee on Foreign Investment in the United States (CFIUS), an inter-agency committee chaired by the Secretary of the Treasury. For detailed discussion of the CFIUS regulations and review process, see ...