BRG’s CFIUS Capabilities

The Committee on Foreign Investment in the United States (CFIUS), an interagency committee under the direction of the US Department of the Treasury, presents a unique set of challenges for foreign investors seeking to invest in the US and US firms looking to attract capital from foreign sources. CFIUS’s operations are guided by the  implementation of the 2018 Foreign Investment Risk Review Modernization Act (FIRRMA).

CFIUS addresses US national security concerns around foreign parties’ involvement in certain types of investment transactions. Driven by the potential for unwanted foreign control of, or access to, critical US technology and infrastructure, these concerns must be identified in the early stages of the transaction, addressed in the terms setting out the structure of the transaction, and in some cases mitigated with US government-required compliance audits and/or monitors.

US and non-US corporates, banks, private equity firms, institutional investors, law firms, strategic communications companies, and government agencies from around the world—in both advanced countries and emerging markets—seek out BRG’s CFIUS experts to help design and execute cross-sectoral strategies to navigate and manage business opportunities and risks associated with the CFIUS decision-making process.

While CFIUS was once seen as largely a legal matter, this is no longer the case. BRG’s veteran interdisciplinary CFIUS team, unlike some CFIUS advisors, provides to clients integrated strategic and operational pre- and post transaction CFIUS services. BRG’s experts have a unique perspective on the CFIUS process, having participated in authoring key CFIUS-related legislation while working on Capitol Hill, served on CFIUS during their tenure in the White House, developed intelligence assessment processes to support CFIUS decision makers while serving in the intelligence community, authored and reviewed several hundred CFIUS intelligence assessments, and served as CFIUS third-party monitors (TPMs) and compliance auditors. BRG’s CFIUS team also has significant hands-on experience structuring complex international business transactions, not only involving investors from advanced countries but from the emerging markets that have been the main sources of deals reviewed by CFIUS in recent years.

Our CFIUS team leverages BRG’s cybersecurity, information technology, and data privacy professionals, as well as BRG’s deep expertise in corporate governance, compliance and risk management, corporate intelligence and due diligence, turnaround and restructuring, bankruptcy, capital markets, and investment banking. The CFIUS team also draws on BRG’s extensive industry-specific knowledge of the technology, manufacturing, healthcare, infrastructure, energy, financial services, private equity, and telecom, media, and entertainment sectors—all industries in which transactions could be subject to CFIUS review.

Download the CFIUS Transaction Strategy Services brochure.

Professionals

Related Contacts

Harry G. Broadman

Managing Director

Washington, DC
SK

Steven Klemencic

Managing Director

Washington, DC

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BRG combines intellectual rigor with practical, real-world experience. We have an in-depth understanding of industries and markets, with expertise spanning the major sectors of the global economy. Following are some of the many sectors that we know inside and out.