1 Analyses of this federal-register by attorneys

  1. Treasury Proposes Rule to Expand CFIUS’s Real Estate Jurisdiction

    Morgan LewisCarl ValensteinJuly 17, 2024

    authorities. As contemplated by FIRRMA, the list of sensitive military installations at Appendix A to Part 802 is constantly evaluated by the US Department of Defense and, where appropriate, updated to address changes in circumstances. Although more significant changes to CFIUS real estate jurisdiction could occur in future executive branch rulemaking or congressional legislation, this latest development reflects an incremental change to the Committee’s authority and not a major sea change. 31 C.F.R. § 802.101. Id. at 802.211(b)(1)-(2). The remaining definitions of “covered real estate” are unchanged by the NPRM and are therefore not addressed by this LawFlash. See 31 C.F.R. § 802.211(a), (b)(3)-(4). Provisions Pertaining to Certain Transactions by Foreign Persons Involving Real Estate in the United States, 88 Fed. Reg. 29003 (May 5, 2023) (to be codified at 31 C.F.R. pt. 802); Provisions Pertaining to Certain Transactions by Foreign Persons Involving Real Estate in the United States, 88 Fed. Reg. 57348 (Aug. 23, 2023) (codified at 31 C.F.R. pt. 802). Regarding the Acquisition of Certain Real Property of Cheyenne Leads by MineOne Cloud Computing Investment I LP, 89 Fed. Reg. 43301 (May 16, 2024).[View source.]