International Finance Law Review Guest Article: Cfius Subject to New Due Process Requirements

07/29/2014

A DC Circuit Court ruling on the matter dated July 15 could represent a small victory for the due process rights afforded to foreign investors in the national security review of their inbound acquisitions by the Committee on Foreign Investment in the United States (Cfius).

When the President prohibited Chinese-owned Ralls' acquisition of US wind farms in 2012, on the recommendation of Cfius, few thought the resulting order was subject to challenge. This is because section 721 of the Defense Production Act (DPA) provides that presidential action is not subject to judicial review.

Excerpted from the International Financial Law Review, July 29, 2014. To view full article, click here (subscription required).

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