How U.S. companies invest in certain foreign jurisdictions is about to face potentially “ground-shifting” government intervention, attorneys warn, as governmental interests in screening U.S. outbound investment focus on national security concerns while keeping the U.S. competitive globally.

The Treasury and Commerce departments are due to deliver a report to Congress by the end of February, outlining concrete policy guidelines for U.S. outbound investment screenings, with a primary eye toward China. At the same time, President Joe Biden has been working on an executive order, currently under interagency review, that will define requirements for outbound investment screenings.

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