The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee authorized to review certain transactions involving foreign investment in the United States (“covered transactions”) and certain real estate transactions by foreign persons (“covered real estate transactions”), in order to determine the effect of such transactions on the national security of the United States.
CFIUS operates pursuant to section 721 of the Defense Production Act of 1950, as amended, and as implemented by Executive Order 11858, as amended, and regulations at chapter VIII of title 31 of the Code of Federal Regulations.
The members of CFIUS include the heads of the following departments and offices:
- Department of the Treasury (chair)
- Department of Justice
- Department of Homeland Security
- Department of Commerce
- Department of Defense
- Department of State
- Department of Energy
- Office of the U.S. Trade Representative
- Office of Science & Technology Policy
The following offices also observe and, as appropriate, participate in CFIUS’s activities:
- Office of Management & Budget
- Council of Economic Advisors
- National Security Council
- National Economic Council
- Homeland Security Council
The Director of National Intelligence and the Secretary of Labor are non-voting, ex officio members of CFIUS with roles as defined by statute and executive order.