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DoD Spying on Foreign Investment

DoD Spying on Foreign Investment

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Published by Evan Gage
DoD Procedures for Reviewing and Monitoring Transactions Filed with the
Committee on Foreign Investment in the United States (CFIUS)
DoD Procedures for Reviewing and Monitoring Transactions Filed with the
Committee on Foreign Investment in the United States (CFIUS)

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Categories:Types, Letters
Published by: Evan Gage on Aug 16, 2010
Copyright:Attribution Non-commercial

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08/16/2010

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Department of Defense
INSTRUCTION
NUMBER
2000.25August 5, 2010USD(P)SUBJECT: DoD Procedures for Reviewing and Monitoring Transactions Filed with theCommittee on Foreign Investment in the United States (CFIUS)References: See Enclosure 11. PURPOSE. This Instruction establishes policy, assigns responsibilities, and providesinstructions in accordance with the authority provided in DoD Directive (DoDD) 5111.1(Reference (a)) for DoD CFIUS reviews required by section 2170 of title 50, United States Code(U.S.C.) (Reference (b)), which determine the effects on national security of foreign acquisitionsof U.S. companies. It also establishes the DoD CFIUS Monitoring Committee and prescribesprocedures for establishing and monitoring mitigation agreements that are negotiated to permitthe conclusion of specific CFIUS acquisitions.2. APPLICABILITY. This Instruction applies to OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, theOffice of the Inspector General of the Department of Defense, the Defense Agencies, the DoDField Activities, and all other organizational entities within the Department of Defense (hereafterreferred to collectively as the “DoD Components”).3. DEFINITIONS. See Glossary.4. POLICY. It is DoD policy that:a. Foreign acquisitions of U.S. companies that do not pose an unacceptable level of risk toU.S. national security interests, as manifested in DoD programs, assets, or future technologicalsuperiority, are acceptable to the Department of Defense.b. The DoD CFIUS process should, to the extent possible, be a transparent process.c. The potential implications for relevant DoD programs, assets, and future technologicalsuperiority resulting from a foreign acquisition involving a defense supplier, defense-relatedtechnologies, and infrastructure critical for DoD missions shall be based on:
 
 DoDI 2000.25, August 5, 2010
2(1) The impact to U.S. national security interests, technologies, and infrastructurescritical to DoD missions, the defense industrial base, the presence of any classified operationswithin the company being purchased, and any other concerns that a transaction poses.(2) At a minimum, but are not limited to, the factors found in Enclosure 4 of thisInstruction.d. The risk to DoD interests in each CFIUS case will be assessed pursuant to Enclosure 5 of this Instruction.e. Information or documentary material filed with CFIUS shall be exempt from disclosurepursuant to section 552 of title 5, U.S.C. (also known and hereafter referred to as “The Freedomof Information Act, as amended” (FOIA) (Reference (c)) and will not be made public due to thestatutory protections in Reference (a).f. The Department of Defense shall monitor company compliance with CFIUS mitigationagreements signed with the Department of Defense as described in Enclosure 6.g. Adequate resources, in terms of staff and budget, should be provided to the DoDComponents for monitoring and ensuring compliance to mitigation agreements with theDepartment of Defense to protect national security interests.h. DoD Components that are members of the Intelligence Community will also fulfill theiralternate role in providing additional support and information to the Office of the Director of National Intelligence (ODNI) as required pursuant to Reference (a).5. RESPONSIBILITIES. See Enclosure 2.6. PROCEDURES. DoD procedures for reviewing CFIUS transactions to determine anynational security concerns following their receipt from the Department of the Treasury are foundin Enclosure 3.7. RELEASABILITY. UNLIMITED. This Instruction is approved for public release and isavailable on the Internet from the DoD Issuances Website at http://www.dtic.mil/whs/directives.8. EFFECTIVE DATE. This Instruction is effective immediately.
 
 DoDI 2000.25, August 5, 2010
3Enclosures1. References2. Responsibilities3. Procedures4. DoD CFIUS Security Assessment Strategy5. DoD CFIUS Mitigation Review Methodology6. DoD CFIUS Monitoring Strategy and Responsibility and Role of DoD CFIUS MonitoringCommittee7. DoD CFIUS Review Procedure DiagramGlossary

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