CFIUS and China: The FIRRMA Factor

The Diplomat featured David Fagan in a Q&A regarding the effects of the Foreign Investment Risk Review Act of 2018 on U.S.-China commercial relations. Mr. Fagan noted the national security rationale of the new law, how U.S. companies should incorporate FIRRMA into their deal making, and how FIRRMA will affect U.S. companies seeking to attract foreign direct investment. Mr. Fagan notes, “By broadening the aperture of CFIUS and, for the first time, mandating certain filings, FIRRMA will make CFIUS much more relevant to a range of U.S. businesses that seek to raise foreign capital.”