If any provision of this chapter or the application of such provision to any person or circumstances shall be held invalid, the remainder of the chapter, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
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Source location: Title 50, Chapter 55, § 4565; chapter-055-defense-production.md
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If any provision of this chapter or the application of such provision to any person or circumstances shall be held invalid, the remainder of the chapter, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
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Federal law — U.S. Code and appendices · legal_authorities
§ 4565. Authority to review certain mergers, ac-
quisitions, and takeovers
(a) Definitions
In this section:
(1) Clarification
The term ‘‘national security’’ shall be con-
strued so as to include those issues relating to
‘‘homeland security’’, including its application
to critical infrastructure.
(2) Committee; chairperson
The terms ‘‘Committee’’ and ‘‘chairperson’’
mean the Committee on Foreign Investment
in the United States and the chairperson
thereof, respectively.
(3) Control
The term ‘‘control’’ means the power, direct
or indirect, whether exercised or not exer-
cised, to determine, direct, or decide impor-
tant matters affecting an entity, subject to
regulations prescribed by the Committee.
(4) Covered transaction
(A) In general
Except as otherwise provided, the term
‘‘covered transaction’’ means—
(i) any transaction described in subpara-
graph (B)(i); and
(ii) any transaction described in clauses
(ii) through (v) of subparagraph (B) that is
proposed, pending, or completed on or
after the effective date set forth in section
1727 of the Foreign Investment Risk Re-
view Modernization Act of 2018.
(B) Transactions described
A transaction described in this subpara-
graph is any of the following:
(i) Any merger, acquisition, or takeover
that is proposed or pending after August
23, 1988, by or with any foreign person that
could result in foreign control of any
United States business, including such a
merger, acquisition, or takeover carried
out through a joint venture.
(ii) Subject to subparagraphs (C) and (E),
the purchase or lease by, or a concession
to, a foreign person of private or public
real estate that—
(I) is located in the United States;
(II)(aa) is, is located within, or will
function as part of, an air or maritime
por