CFIUS Practice

Practice Areas | CFIUS Practice

We advise U.S. and non-U.S. parties on all matters before the Committee on Foreign Investment in the United States (CFIUS). Our CFIUS practice combines its national security and export controls experience, two areas that CFIUS and the underlying regulations are heavily influenced by. We help clients navigate this multi-agency national security review process with anticipatory and forward-looking guidance, to show CFIUS that the transaction should be permitted. We also assist clients with the related notice requirements under the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR).

Jurisdictional Analysis: We assist clients with determining whether CFIUS has jurisdiction over a proposed transaction and whether a filing is mandatory or voluntary should CFIUS have jurisdiction.

Risk Assessment: We advise clients on the likely national security risks a proposed transaction may create, as well as anticipated government concerns and objections, with potential avenues to mitigate them in advance.

Critical Technology Review: With an industry leading export control jurisdiction and classification practice, we have substantial experience determining whether an entity is sufficiently involved with one or more critical technologies.

CFIUS Filings: We assist clients with preparing and filing effective and responsive CFIUS declarations and notices that anticipate the government’s national security concerns and questions.

To learn more about our services, please contact Christopher Stagg or call (202) 771-7579.

Representative Experience

  • Successfully obtained CFIUS clearance for multiple transactions involving U.S. critical technology companies, including ITAR registered entities, through the short-form declaration process.
  • Successfully obtained CFIUS clearance for an ITAR manufacturer of sensitive military equipment through the long-form notice process.
  • Counseled companies on identifying whether CFIUS applies to their potential transactions, including preparing related CFIUS notices or declarations when appropriate.
  • Assisted multiple companies with identifying and validating whether they produces, designs, tests, manufactures, fabricates, or develops one or more critical technologies.
  • Assisted companies with related encryption classification requests (CCATS) to the Department of Commerce to confirm the use of license exception ENC or as EAR99 items.