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Thursday, December 26, 2019 10:12:51 PM
https://www.natlawreview.com/article/cfius-unbound-foreign-investor-deals-continue-to-draw-intense-national-security
FIRRMA modified the historically voluntary CFIUS process with a mandatory filing requirement. Under FIRRMA’s Pilot Program, parties to certain types of investments in U.S. businesses that produce, design, test, manufacture, fabricate or develop one or more “critical technologies” in one of twenty-seven identified industries must file a mandatory declaration.10 This streamlined application is shorter and contains less detail than the traditional CFIUS submission, but CFIUS can require the parties to a transaction to subsequently submit a full CFIUS filing which can effectively lead to multiple filings prior to deal closing.
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