CFIUS mitigation terms are transaction-specific and tailored to identified national security risks. While terms vary by case, agreements frequently include common control and compliance structures.
Common Mitigation Term Areas
Typical mitigation frameworks may include requirements related to:
- Governance and board-level oversight
- Access controls for sensitive technology, systems, facilities, and data
- Limits on foreign investor rights for specific operations or decisions
- Security protocols, incident reporting, and records retention
- Use of designated compliance personnel and third-party monitors
- Periodic certifications, reporting, and audit readiness
Implementation Expectations
Mitigated entities are generally expected to maintain clear internal ownership of mitigation obligations, train relevant personnel, and ensure controls are operational and measurable.
Where required, entities must coordinate with designated CFIUS monitoring agencies, provide requested records, and support independent monitoring activity.