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Prohibiting Purchases of Property by Foreign Adversaries 2023

Briefing

Welcome!

This survey is  going to look at policies that restrict the sale of certain U.S. assets (businesses, technology, land and real estate) to corporations and individuals, who are foreign (i.e., not American).

As you may know, the Executive Branch has the power to review and stop major purchases by foreign entities of U.S. technology and businesses if they believe that the sale would be a threat to national security (such as materials and technology used by the military, or the energy sector).

 When it comes to land and real estate, the Executive Branch can also stop the sale to a foreign entity of land or real estate, but only if the Department of Defense believes it is critical to national security, such as land next to military bases, and air or seaports.

There is currently a proposal in Congress that would expand on these policies as follows: 
  • The Executive Branch would stop the sale of any U.S. land or real estate to any entity that the Executive Branch believes is affiliated in some way with a government that is an adversary.  
  • Adversaries include China, Russia, Iran, North Korea, Cuba and sponsors of terrorism.
  • This would apply to all land or real estate, not just cases that are critical to national security.