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The U.S. government has expanded the authority of the Committee on Foreign Investment in the United States (CFIUS) to review and address national security risks posed by inbound acquisitions and investment. It may be surprising to learn that the U.S. government considers insurance companies as presenting national security risks and that insurance sector transactions may fall within CFIUS’s jurisdiction.

In recent years, several insurance-related transactions have faced CFIUS scrutiny and were required to accept CFIUS conditions in order to be completed. Insurance sector professionals should recognize CFIUS risk to their transactions, particularly given the demonstrated national security focus on transactions involving sensitive data on U.S. persons, critical technology, and important U.S. infrastructure or real estate.

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