International Trade
Committee on Foreign Investment in the U.S. (CFIUS)
Fluet attorneys advise both U.S. companies, prospective foreign acquirers, and investors on their obligations to obtain approval from the Committee on Foreign Investment in the United States (CFIUS). At the outset of a transaction, Fluet’s International Trade team will help key stakeholders determine whether a short form Declaration must be submitted to CFIUS and whether submitting a longer Notice is strategically prudent. Our lawyers leverage sophisticated and informed understanding of U.S. national security to give clients practical guidance that maximizes the likelihood of CFIUS approval.
Across industries and whether on behalf of defense contractors, private equity firms, multinational conglomerates, or deal counsel, Fluet provides a full suite of services pertaining to the CFIUS approval process by:
- Advising investors/acquirors and target companies on whether CFIUS approval is required/prudent, focusing on the complete spectrum of national security risks;
- Developing comprehensive CFIUS review timelines that take into account all regulatory and transactional milestones;
- Draft Declarations and Notices;
- Comprehensively addressing CFIUS questions during the review and investigation processes; and
- Negotiating, if necessary, National Security Agreements to mitigate outstanding national security concerns and obtain CFIUS’ approval.