Denver Foreign Investments & CFIUS Lawyer in Colorado
The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee that is chaired by the Secretary of the Treasury. CFIUS is tasked with regulating foreign investments involving U.S. businesses and the interaction of those investments with potential national security concerns. Therefore, any time you are involved (whether from the company side or investor side) in an foreign investment in a US business, CFIUS may have jurisdiction to review and investigate the transaction. Therefore, in some cases, it is best to simply assume CFIUS jurisdiction and to manage the transaction accordingly.
The international business CFIUS lawyers at Sequoia Legal can advise you concerning initial risk assessment, filing options, formal and practical time constraints, prevailing national security act and foreign policy concerns, cybersecurity, data, infrastructure protection, regulatory compliance, mitigation and other critical matters.
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How We Can Help Navigate National Security & CFIUS Matters
The Committee on Foreign Investment in the United States (CFIUS) is a quasi-governmental agency with representatives from the Department of Defense, the State Department, the Commerce Department, and the Department of Homeland Security.
President Ford created it in 1975 to prevent sanctioned nations from obtaining US technology or intellectual property, either directly or indirectly, through investments in US companies.
CFIUS reviews transactions involving foreign direct investment or acquisition of US companies by foreign individuals or entities. It has authority to block any transaction that deems a national security threat or imposes conditions on any such transactions.
The Committee on Foreign Investment in the United States regulations are complex and require a comprehensive understanding of not only the CFIUS regulations themselves, but also the related exports control regulations mentioned above, including the EAR and ITAR. Sequoia Legal can help you determine whether reporting is voluntary or mandatory under a given set of circumstances. We can also help you determine whether it would be in your best interests to submit a voluntary declaration of a merger, acquisition, or other foreign investment that might result in de facto, foreign ownership or control of a US company.
If you file a declaration, whether mandatory or voluntary, be aware that every sentence of such a declaration has consequences. We can help you prepare a declaration in a manner that will reduce your legal risks and provide maximum protection of your interests.
Our Legal Counsel Covers All Your Foreign Investments Phases
Our CFIUS attorneys can help you with the following matters, among others:
- Performing due diligence prior to the execution of a transaction to determine CFIUS risks.
- Advising you on the CFIUS risks that you face by proceeding with a given transaction.
- Structuring the transaction to minimize any legal or regulatory risks.
- Drafting post-transaction compliance plans.
- Drafting and filing CFIUS declarations.
- Using periodic reports on compliance and advising you on how proposed company actions will affect compliance.
- Appearances before CFIUS to explain a transaction and answer questions.
- Drafting any documentation that your company will need to provide after the transaction is complete.
- Obtaining CFIUS clearance for a transaction, after negotiating mitigation measures that are acceptable or, preferably, non-existent.
Our goal is to offer you comprehensive assistance through every stage of your transaction and its aftermath.
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