CFIUS / Five Eyes Exceptions Complete

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Based on their establishment and use of their own robust foreign investment screening programs, the Committee on Foreign Investment in the US (CFIUS) has determined that New Zealand and the United Kingdom have met the Excepted Foreign States (EFS) determination requirements under CFIUS regulations.

This ensures those countries’ continued status as excepted foreign states pursuant to CFIUS regulations and the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), absent further action from CFIUS. 

With this action qualifying investors from all Five Eyes countries will now continue to benefit from exception from CFIUS jurisdiction over certain noncontrolling transactions, real estate transactions, and mandatory filing requirements as established under law. 

“Today’s actions reflect that our Five Eye allies have all stood up and implemented their own robust foreign investment screening programs.  We look forward to continuing to coordinate with all of them on matters relating to investment security,” noted Assistant Secretary for Investment Security Paul Rosen

These actions reflect continued effort by partners across the Five Eyes Alliance to establish, implement, resource, and operate effective and robust investment screening authorities to address national security risk that can arise from foreign investment while maintaining open investment. 

The Five Eyes  is an intelligence alliance comprising Australia, Canada, New Zealand, the United Kingdom, and the United States. These countries are parties to the multilateral UKUSA Agreement, a treaty for joint cooperation in signals intelligence. The "Five Eyes" term has its origins as a shorthand for a "AUS/CAN/NZ/UK/US EYES ONLY".   

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