Multinational transactions, particularly mergers and acquisitions, present many unique and often complex considerations which may invite additional regulatory review. Oftentimes, a transaction may be subject to reviews involving multiple regulatory agencies from each party’s respective country or countries. In such cases, the considerations and positions of each regulator or country can often conflict with the other. This is especially true when proposed transactions are deemed by one side to have potential national security ramifications. This particular concern is the primary purview of CFIUS reviews.
While the Committee for Foreign Investment in the US (“CFIUS”) may perhaps be the most widely known of such, it is only one in a broader network of government agencies similarly dedicated to scrutinizing and authorizing (or denying) foreign direct investments (“FDI”) around the world.