Some recent examples of transactions that prompted CFIUS reviews where sensitive data was an issue include:

China Oceanwide Holdings Group Co. Ltd.'s acquisition of Genworth Financial Inc., which CFIUS approved last year with mitigation, and which received necessary approvals from state regulators but has not yet closed, with the deadline extended until December 12.
Beijing Kunlun Tech Co. Ltd.'s agreement in May to divest from the gay dating app Grindr under orders from CFIUS with a June 2020 deadline, which was a rare example of the committee ordering the unwinding of a completed deal. Kunlun acquired the app, which includes geolocation and HIV status data, between 2016 and 2018 without submitting an application for review to the panel, according to Reuters.
CFIUS's demand that Fosun International Ltd. divest from Wright USA, an Ironshore Inc. unit that served federal employees and law enforcement personnel, as a condition of receiving approval for its $1.83 billion bid for full ownership of the private equity-backed property and casualty insurer in 2015. Ironshore ultimately was sold off to Liberty Mutual Holding Co. in 2017.

Under the draft regulations, CFIUS jurisdiction is expanded to include review of not just controlling investments by foreign investors, but also minority, noncontrolling investments in certain businesses that the agencies deem of interest to national security. "It has brought CFIUS more into the mainstream of equity investment than it was when I was in the Treasury Department several years ago," Egan said.

Instant Insights /

Draft CFIUS Rules Mean More Worries for Insurers, Big Data Companies

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