CFIUS Reviews

Mr. Bilaniuk has significant experience conducting Committee on Foreign Investment in the United States (CFIUS) inbound investment national security jurisdictional reviews for U.S. and foreign clients on corporate transactions.   One reason he is able efficiently to conduct such reviews and lead deals through the CFIUS process is because such work builds on his export compliance practice.  Such work is often also a natural extension of the pre-acquisition international trade compliance review of a deal that he already conducted in, inter alia, assessing the export control classification profile of a target company’s products and technologies.  An export control classification profile of a target company is a critical step in determining whether there needs to be a mandatory CFIUS submission regardless of whether a target company engages in any exporting.  Mr. Bilaniuk prepares notices and declarations to CFIUS and also counsels clients with facility clearances on mitigating foreign ownership, control or influence (FOCI) in advance of entering the CFIUS review process.  Mr. Bilaniuk also collaborates with colleagues in the real estate practice to conduct CFIUS jurisdictional reviews of real estate transactions involving foreign direct investment in compliance with the CFIUS regulations that pertain to real estate transactions.    

• Conducted CFIUS review and advised a UK company on whether its acquisition qualified as an exempted transaction.
• Conducted CFIUS review for European company on its contemplated purchase of U.S. software company.
• Conducted CFIUS review and counseled an information technology company target about how to structure non-controlling investment so as not to trigger CFIUS jurisdiction or mandatory disclosure of investment transaction to CFIUS.
• Advised and represented military aircraft component manufacturer and acquiring foreign company on FOCI mitigation and facility clearance issues before the Defense Counterintelligence and Security Agency (DCSA) and then on preparing CFIUS submission and during CFIUS review process.
• Advised armored vehicle manufacturer about FOCI mitigation and facility clearance issues with respect to proposed parent company and US subsidiary changes.