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CFIUS's Proposed Regulations to Implement Expanded Jurisdiction Over Real Estate Transactions

September 27, 2019, Covington Alert

As we reported previously, last week the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) issued its proposed final regulations (“Regulations”) to implement its expanded authorities under the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”). In doing so, CFIUS bifurcated the rulemaking process, proposing one set of regulations to govern the CFIUS process generally, and separate regulations implementing its new, expanded jurisdiction to address certain transactions involving the purchase by, lease by, or concession to, a foreign person of certain real estate in the United States. In this separate alert, we address the particular considerations associated with CFIUS’s rulemaking to implement the real estate aspects of FIRRMA.

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