CFIUS will soon utilize the U.S. export control classification, rather than NAICs, for services or products to determine if export-controlled critical technology is in play and, therefore, requiring a review. This change recognizes that export classifications already consider variables such as national security, foreign policy, limited supply, and other national policies.
In Bloomberg Law, Scott Boylan and Joshua Holzer explain how this shift, along with recent changes in CFIUS’ scope, will impact investors and also outline how dealmakers and their counsel should prepare.
