Key Notes:

  • Real estate projects may be subject to CFIUS national security review if close to sensitive locations.
  • Proactive planning can mitigate transaction delays.
  • Security concerns may be broader than CFIUS regulatory issues and merit multi-tiered government and public outreach.

The Committee on Foreign Investment in the United States (CFIUS) recently reviewed a proposed real estate transaction near Grand Forks, North Dakota and determined that CFIUS did not have jurisdiction to take any action concerning the transaction. Public comments indicate that some would like to see CFIUS jurisdiction expanded or see other national security review authorities developed to address potentially sensitive real estate transactions.

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