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CFIUS executive order is more PR than radical change

November 4, 2022 - The Committee on Foreign Investment in the US (CFIUS) was subject to a rare executive order in September. This is the first time in CFIUS’s nearly 50-year history that the president has expressly directed it to consider specific sets of factors in its review of national-security risks arising from covered transactions in the US. Kenneth Mendelson points out, ““The executive order does not change CFIUS’s jurisdiction, mandate, remedies or resources … CFIUS always had broad discretion regarding how to interpret national security risk, and how to prioritize and weigh the considerations that guide their decision-making.” (Paywall)