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The “Reverse” CFIUS: An Outbound Investment Review Mechanism

After more than a year of deliberations, the U.S. government appears close to implementing an outbound investment review mechanism that would regulate certain U.S.-origin investments in countries of concern, notably China. These efforts are part of a wider effort by the U.S. government to restrict access to certain sectors of the Chinese market in the name of national security. In “All Eyes on China: Upcoming Restrictions on Outbound Investment,” colleagues Nancy FischerMatthew RabinowitzZachary RozenSamantha FranksAta AkinerLaura KillaleaAmaris Trozzo and Jack Ko examine these potential restrictions and the pending legislation by which they would likely be informed.


Overview of the Proposed “Reverse CFIUS” Process via the National Critical Capabilities Defense Act of 2022