Committee on Foreign Investment in the United States (CFIUS)

Whenever a non-U.S. party seeks to invest in or acquire a U.S. company, it is essential to consider whether to notify the Committee on Foreign Investment in the United States (CFIUS) about the transaction. The decision of whether to notify CFIUS continues to become more complicated as the U.S. government’s view of national security expands.

Our cross-disciplinary team assists both U.S. sellers and non-U.S. investors and buyers determine when a submission to CFIUS is mandatory or advisable. When the decision is made to submit, we closely collaborate with clients to pro-actively identify issues that may have national security implications and address them as early as possible. The Bass, Berry & Sims team is unique because we combine deep corporate and governance experience with Chambers-ranked export controls, economic sanctions, and government contracts practices. The result is that our team can fully understand each client’s business and provide tailored strategic advice. Quite simply, we help clients get deals done.

Areas of Focus

Our CFIUS experience includes:

• Determining when a mandatory declaration is necessary or strategically warranted.
• Helping clients prepare complete, accurate, and tactical submissions to CFIUS.
• Ensuring effective communications and meetings with CFIUS.
• Advising clients on managing contracts with government customers during and after a transaction.
• Counseling clients on mitigation measures prior to and during the CFIUS review process.
• Developing public relations strategies.
• Developing risk-based compliance programs and strategies.
• Addressing day-to-day compliance questions.
• Crafting and implementing compliance policies, procedures, and training.
• Counseling on cross border mergers and acquisitions (M&A).
• Advising U.S. and non-U.S. parties on CFIUS strategy.
• Conducting due diligence.
• Preparing and managing compliance audits.
• Implementing process enhancements and corrective actions.
• Leading and conducting internal investigations.
• Supporting voluntary disclosures and other government notifications.
• Representing clients in front of regulatory bodies in enforcement and de-listing matters.

Experience

• Assisted U.S. Defense Contractor in CFIUS Review for European Acquisition
  We guided a U.S. defense contractor in the CFIUS review resulting from its acquisition by a European defense contractor.
• AQuity Solutions Sold to IKS Health
  In October 2023, Bass, Berry & Sims represented AQuity Solutions, in its sale to IKS Health - a technology-backed care...
• CFIUS Counselling for U.S. Government Contractor
  We counseled a U.S. government contractor client through a successful Committee on Foreign Investment in the United States (CFIUS) review...
• Advised Foreign Buyer on CFIUS Filing for U.S. Defense Contractor Acquisition
  We advised a high-profile foreign buyer on whether a CFIUS filing was required in connection with its acquisition of a...
• Analyzed CFIUS Filing Requirements for Non-U.S. Private Equity Firm’s Healthcare Acquisition
  We counseled a non-U.S. private equity firm in analyzing the need for a CFIUS filing related to the firm’s acquisition...
• Provided Guidance on CFIUS Implications for U.S. Cyber Company’s Investment from Asia
  We assisted a U.S. cyber company on understanding potential CFIUS implications related to investment received from Asian investors.
• Represented Asian Investor in CFIUS Review for U.S. Real Estate Purchase
  We represented an Asian investor in the CFIUS process related to its purchase of real estate proximate to a U.S....
• Successfully Guided U.S. Government Contractor Through Successful CFIUS Review
  We guided a U.S. government contractor client through a successful CFIUS review in connection with purchase of the client by...
• Counseled U.S. Manufacturer on CFIUS Filing for Asian Investment
  We counseled a U.S. manufacturer on the need for a CFIUS filing related to investment in the company from Asian...
• Counseling on CFIUS Implications
  We counseled a non-U.S. company on CFIUS implications of purchasing U.S. defense contractor.

Professionals