Spotlight on CFIUS: Current Challenges for China Outbound M&A
By David Shine
China has become the world leader in cross-border acquisitions, overtaking the U.S. and Canada for the first time on record. Yet when it comes to Chinese outbound M&A, the U.S. Committee on Foreign Investment in the U.S. (CFIUS) can pose a major challenge to those seeking to complete transactions.
Recently, Mergers and Acquisitions partner David Shine spoke with The Deal about the growing wave of Chinese outbound M&A activity and the critical issues dealmakers should keep in mind, including:
CFIUS is currently highly focused on inbound Chinese transactions
Applicability of CFIUS is not always clear
CFIUS determinations are not appealable
Dealmakers need to be creative in navigating these issues