Regulatory Challenges in Foreign Investment: CFIUS Review, FOCI Risks, and Outgoing Regulations

According to the most recent data, the United States is the top destination of foreign direct investment (FDI) globally. Through acquisitions, opening establishments, or expansion of existing ones, foreign firms invested a total of $177 billion in the United States in 2022. For decades and across administrations, the United States has provided foreign companies with a stable and welcoming market in which to invest. Since the turn of the century, and especially over the past decade, however, US policy makers have become concerned that such openness to foreign investment presents profound risks to US national security. This concern is well…