Assessing & Managing Risk
Committee on Foreign Investment in the United States (CFIUS)
DTSA evaluates the potential impact of foreign acquisitions of U.S. companies, reviewed by the Committee on Foreign Investment in the United States (CFIUS), for technology transfer equities that could impact national security. DTSA coordinates with Policy regional and functional offices to develop the Office of the Under Secretary of Defense for Policy position on all CFIUS cases.
DTSA works closely with the Office of the Under Secretary of Defense for Acquisition and Sustainment, the DoD CFIUS lead, to develop appropriate mitigation measures to prevent unauthorized access by foreign entities to critical military technology and expertise. (DTSA served as the DoD lead agency for CFIUS, providing the Department’s input to the Department of Treasury on all CFIUS-related matters, until FY 2012.)
DTSA works with the Departments of Commerce and State to ensure that foreign-acquired companies are complying with U.S. export controls in order to protect America’s technological advantage.
The Department’s ability to review foreign investments in key technology areas for potential technology transfer concerns was expanded under the Foreign Investment Risk Review Modernization Act (FIRRMA) of the FY19 National Defense Authorization Act (NDAA). In concert with the Export Control Reform Act (ECRA), also in the FY19 NDAA, the Department is better positioned to protect U.S. critical technology and military superiority.