CFIUS Adds New Zealand to Excepted Foreign States for Part 800 and 802
Posted on 01/26/2022
The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee authorized to review certain transactions involving foreign investment in the United States and certain real estate transactions by foreign persons, in order to determine the effect of such transactions on the national security of the United States. CFIUS operates pursuant to section 721 of the Defense Production Act of 1950, as amended (section 721), and as implemented by Executive Order 11858, as amended, and the regulations at chapter VIII of title 31 of the Code of Federal Regulations.
CFIUS determined that Australia and Canada satisfied all of the criteria for a permanent status as excepted foreign states. New Zealand is now also added to the list of eligible excepted foreign states. CFIUS also extended the deadline for the U.K. to satisfy the criteria outlined in the CFIUS regulations for excepted foreign states and excepted real estate foreign states.
EXCEPTED FOREIGN STATES (PART 800)†
Excepted foreign states under § 800.218 (with date of excepted foreign state status)
Australia (February 13, 2020)
Canada (February 13, 2020)
New Zealand (January 5, 2022) †
United Kingdom of Great Britain and Northern Ireland (February 13, 2020) * †
EXCEPTED REAL ESTATE FOREIGN STATES (PART 802)‡
Excepted real estate foreign states under § 802.214 (with date of excepted real estate foreign state status)
Australia (February 13, 2020)
Canada (February 13, 2020)
New Zealand (January 5, 2022) ‡
United Kingdom of Great Britain and Northern Ireland (February 13, 2020) *‡
Australia and Canada Part 802 Determinations
† The Committee has identified each of these foreign states as an eligible foreign state under 31 C.F.R. § 800.218(a) but has not yet made a determination under 31 C.F.R. § 800.218(b). Pursuant to a final rule issued in the Federal Register in January 2022, in order to remain an excepted foreign state after February 12, 2023, the foreign state must be both eligible under § 800.218(a) and the Committee must make a determination under § 800.1001(a) regarding such foreign state.
‡ The Committee has identified each of these foreign states as an eligible foreign state under 31 C.F.R. § 802.214(a) but has not yet made a determination under 31 C.F.R. § 802.214(b). Pursuant to a final rule issued in the Federal Register in January 2022, in order to remain an excepted real estate foreign state after February 12, 2023, the foreign state must be both eligible under § 802.214(a) and the Committee must make a determination under § 802.1001(a) regarding such foreign state.
* For the purposes of excepted foreign state and excepted real estate foreign state, the United Kingdom of Great Britain and Northern Ireland does not include the British Overseas Territories or the Crown Dependencies.
Source: U.S. Department of the Treasury
LINK: https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius/cfius-excepted-foreign-states
