Foreign Investment

Inbound investment. FIRS represents DOJ on the Committee on Foreign Investment in the United States (CFIUS). Chaired by the Department of the Treasury, CFIUS is an interagency committee authorized to review certain transactions involving foreign investment in the United States and certain real-estate transactions by foreign persons to determine the effect of the transactions on the national security of the United States.

• For more information, please see Treasury’s CFIUS website and Executive Order 14083 (Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States).

Outbound investment. FIRS also advises on and contributes to the interagency development of the outbound-investment program under Executive Order 14105. That Executive Order declares a national emergency to address the threat to the United States posed by certain countries of concern, which seek to develop and exploit sensitive or advanced technologies or products critical for military, intelligence, surveillance, or cyber-enabled capabilities. The Order directs the Secretary of the Treasury to establish a program to prohibit or require notification of certain types of outbound investments by United States persons into certain entities located in or subject to the jurisdiction of a country of concern, and certain other entities owned by persons of a country of concern, involved in specific categories of advanced technologies and products.  The Order identifies three categories of national security technologies and products for the program: semiconductors and microelectronics, quantum information technologies, and artificial intelligence.  In an Annex to the Order, the President identified the People’s Republic of China, along with the Special Administrative Regions of Hong Kong and Macau, as a country of concern.

For more information, please see Treasury’s website on the outbound-investment program and Executive Order 14105 (Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern)