Foreign investment lawyers aren’t expecting a big change in how the Committee on Foreign Investment in the U.S. operates under a second Trump administration, although a new round of tariffs against China and the continued easing of export restrictions among close U.S. allies could change the investment landscape and the number of filings submitted to CFIUS.
The Treasury Department is moving forward with a rule that will add 59 military bases across 30 states to the jurisdiction of the Committee on Foreign Investment in the U.S. and increase the scope of transactions CFIUS can examine for land purchases near eight other military bases (see 2407090003). The rule, released this month in prepublication form, includes multiple bases that lawmakers for months have urged Treasury to add to its purview, including two near planned Chinese lithium battery and electric vehicle plants.
The Biden administration opposes a House bill that would permanently add the agriculture secretary to the Committee on Foreign Investment in the U.S. to review agricultural transactions (see 2409050011), the White House Office of Management and Budget said Sept. 11.
Rep. Dan Newhouse, R-Wash., introduced a bill last week that would permanently add the agriculture secretary to the Committee on Foreign Investment in the U.S. to review agricultural transactions.
At least 22 states recently have approved legislation regulating foreign ownership of U.S. land, reflecting growing interest in addressing the potential national security and economic implications of such investments, the Congressional Research Service said in a new report this week.
The Treasury Department should make sure its investment screening regulations don’t unfairly discriminate against foreigners and should do more to curb a rise in “xenophobic” U.S. state and federal land laws, nonprofits told the agency and the Committee on Foreign Investment in the U.S. They criticized several bills that could place new investment restrictions on people from “countries of concern,” including China and Iran, and said they’re concerned CFIUS may not have the resources to manage its expanding jurisdiction.
Two House members from Illinois urged the Committee on Foreign Investment in the U.S. last week to review a Chinese firm’s recently announced acquisition of a grain terminal in Cahokia, Illinois.
House Select Committee on China Chairman John Moolenaar, R-Mich., and Reps. Zach Nunn, R-Iowa, and Bill Huizenga, R-Mich., introduced a bill June 7 that would require the Committee on Foreign Investment in the U.S. to notify Congress if CFIUS denied a member agency’s request to review a transaction.
The farm bill that the House Agriculture Committee plans to mark up May 23 contains several foreign investment-related provisions, including a requirement that the Agriculture Department enter into a formal agreement with the Committee on Foreign Investment in the U.S. to ensure the two agencies share information on foreign transactions in a timely manner.
Members of Congress who spoke during the House Agriculture Committee's March 20 hearing on China highlighted several proposals to restrict the communist country’s increasing acquisition of American agricultural land.