Foreign Investors are flocking to Miami to purchase real estate and grow in the area. However, it’s a much more involved process than showing up. The process is lengthy but worth it for those that are serious. The process begins by consulting with the Committee on Foreign Investment in the United States (CFIUS) to submit a draft notice.
“The CFIUS process generally beings formally when parties to a proposed or pending transaction jointly file a voluntary notice with CFUS containing information required by § 800.402 of the regulations.”
To begin the process, companies proposing to be involved in a foreign firm acquisition must notify CFIUS, who will then review transactions. Following the review, CFIUS will being their 30-day decision to authorize the transaction or they may choose to begin a statutory investigation. If the notice satisfies the requirements, the Staff Chairperson will share the notice to all CFIUS members and there will be a review period up to 30 days. During the review period, members:
- Identify and address any national security concerns.
- May request additional information.
- Any requests must be responded to within three business days.
- Statutory Investigation may occur and result in another 45 days to decide.
If an investigation is not needed and the transaction contains no national security risks, then CFIUS will alert parties in writing that they have “concluded all action under section 721 with respect to such transaction”. If CFIUS decides to start a statutory investigation, then they have an additional 45 days to decide. Most companies do not have to go through a statutory investigation.
Below are the CFIUS Notifications and Investigations between 2008-2011:
Throughout the process, parties may request withdrawal of their notice at any time during review or investigation stages. Foreign Investors are making up a large part of the Miami market, including real estate. Foreign investors are finding more opportunities and growth in the South Florida area, making it an ideal place for business.