Q: Is the enhanced Cfius policy regime causing the US
economy more harm than good?
Dr Harry Broadman, partner and chair of the emerging
markets practice at Berkeley Research Group, Washington DC
The enactment of the Foreign Investment Risk Review
Modernization Act of 2018 (FIRRMA) and the subsequent
administrative regulations implemented to date, have redefined
both the role and the procedures of the Committee on Foreign
Investment in the United States (Cfius) as the entity devising
and executing national security regulation of foreign direct
investment (FDI) into the US. Compared to the period when I
served on Cfius – in the early 1990s – when
Cfius was hardly the household name it is today, certain
criteria and 'rules of the game' have become far more
transparent and regularised.
That, in my view, is all to the good. But, ultimately, it
will depend on who is in the driver's seat.
As was always...