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A free scan shows the junk files, broken settings and background clutter dragging Windows down - then fixes them in one click.Free scan · Windows 10 & 11When the Committee on Foreign Investment in the United States (CFIUS) identifies national security risks in a deal, it does not automatically ban the transaction. It considers whether the risks can be addressed through mitigation or other legal authorities. If concerns remain unresolved and mitigation is inadequate or inappropriate, CFIUS may refer the matter to the President, who can suspend or prohibit the deal, including by ordering divestiture. The outcome depends on the facts of the specific transaction.
What does a CFIUS risk finding mean?
CFIUS reviews certain foreign-investment and real-estate transactions; it does not review every foreign investment. A finding of risk starts a transaction-specific assessment of whether the national security concerns can be resolved. Treasury describes the process as case by case, and a risk finding alone does not establish that a deal will be blocked.
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CFIUS may conclude action when it determines there are no unresolved national security concerns. That can include concerns addressed under other laws or risks resolved through mitigation measures agreed to or imposed by CFIUS.
Can mitigation let the deal proceed?
CFIUS is authorized to negotiate, enter into or impose, and enforce agreements or conditions intended to mitigate transaction-related national security risks. The terms depend on the risks in the deal and may allow the transaction to proceed subject to conditions. Measures must be suitable to address the identified concerns; in some circumstances, CFIUS may find that no sufficiently effective, verifiable, and monitorable agreement is available.
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In its calendar-year 2024 report, CFIUS said it adopted mitigation measures or conditions for 25 notices, approximately 12 percent of notices filed that year. It concluded action after entering mitigation agreements for 16 notices, approximately 9 percent of 2024 notices. These are annual aggregate figures, not odds or a forecast for an individual deal. Read the CFIUS CY 2024 Annual Report.
What happens if CFIUS cannot resolve the concerns?
If national security concerns remain and mitigation is inadequate or inappropriate, CFIUS may refer the transaction to the President unless the parties withdraw and abandon it. Withdrawal is not the same as clearance: a party may withdraw and later refile, or abandon the deal. Treasury reports that protections may remain in place until abandonment or another disposition.
During calendar year 2024, CFIUS approved 49 notice withdrawals, all after the investigation period began. Treasury said that in most instances parties withdrew after being informed that the transaction posed a national security risk or after proposed mitigation was not accepted. Some parties later refiled; others abandoned the transaction. The figure describes that reporting year, not the likelihood of withdrawal in a particular case. The CY 2024 Annual Report provides the aggregate details.
What can the President do?
The President may suspend or prohibit a transaction referred by CFIUS, including by requiring divestiture. Treasury says the President must decide no later than 15 days after completion of the investigation or the date CFIUS otherwise refers the transaction, and must publicly announce the decision. Treasury’s annual report describes this statutory decision period.
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Examples of transaction-specific orders
- Jupiter Systems: On July 11, 2025, Treasury said the President ordered Suirui to divest its interests and rights in Jupiter Systems. CFIUS identified a risk of potential compromise of Jupiter products used in military and critical-infrastructure environments.
- MineOne: On May 13, 2024, Treasury described an order requiring MineOne-related parties to divest real estate within one mile of F.E. Warren Air Force Base and remove certain equipment and improvements. Treasury cited the site’s proximity to the base and specialized equipment that could potentially facilitate surveillance or espionage. It said mitigation could not sufficiently address the risk in an effective, verifiable, and monitorable way.
These orders illustrate possible outcomes; they do not determine how CFIUS or the President will handle another transaction. Treasury’s statements are available for MineOne and Jupiter Systems.
How do declarations and notices fit into the process?
A party may submit a short-form declaration or a written notice. For a declaration, CFIUS must respond within a 30-day assessment period. The options described in the CY 2024 Annual Report are:
- Request that the parties file a written notice.
- Tell the parties it cannot conclude action on the declaration, and that they may file a notice.
- Initiate a unilateral review.
- Tell the parties it has concluded all action.
A declaration response therefore may lead to a longer review rather than a final resolution. The appropriate filing and its consequences depend on the transaction’s facts and applicable requirements.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What do recent CFIUS statistics show?
Treasury’s August 7, 2026 release of the CY 2025 Annual Report says CFIUS received 347 notices and declarations covering covered transactions or covered real-estate transactions. It also says 67 percent of distinct transactions were cleared during the declaration assessment period or initial notice review period. Those figures describe aggregate activity and do not predict the outcome of a specific deal. Treasury’s CY 2025 Annual Report release also notes continued compliance enforcement, including mandatory filing requirements involving critical technology, critical infrastructure, and sensitive personal data.
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What should parties understand about finality and compliance?
When CFIUS concludes all action on a qualifying transaction, the parties generally receive safe harbor, subject to exceptions that include material misstatements and material violations of mitigation agreements. Filings and their existence are generally confidential, subject to exceptions. These protections do not eliminate the need to provide complete, accurate information or comply with any conditions imposed.
Treasury’s November 18, 2024 final-rule announcement described expanded information requests for unfiled transactions, authority to set response timelines for mitigation proposals, and expanded penalty and subpoena authorities. Whether a filing is required and what consequences apply depend on the operative rules and transaction details. Treasury’s final-rule announcement summarizes those changes.
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