In a very real sense even if CFIUS’ decisions amount to U.S. policy becoming more welcoming to foreign direct investment—whether in certain sectors or even writ large—the lack of clarity in policy per se as evidenced in CFIUS’ annual reports can amount to engendering a chilling effect.The United States has long been the global champion for “open” inflows of foreign investment.
Even taking into account such constraints, however, the annual reports CFIUS submits to Congress and publishes comprise “blinded” data that not only overly summarize the Committee’s decisions and other activities it undertook for the preceding calendar year, but actually serve to obfuscate generating clarity in U.S. policy toward foreign direct investment.
· whether firms from various source countries versus others have had an easier or more difficult time entering the U.S. market in particular sectors; and