Unlike many countries, the United States has generally remained open for investment in US real estate by foreign owned entities, albeit with some government oversight. The primary regulatory hurdle has long been the Committee on Foreign Investments in the United States (CFIUS), a federal interagency committee with a relatively narrow scope of review related to national security interests.
Additionally, the Agricultural Foreign Investment Disclosure Act of 1978 (AFIDA)[i] requires increased transparency for transactions related to agricultural land in particular. As discussed below, growing anti-China sentiment is largely driving the policy discussion around foreign investment in US real estate, particularly Chinese-ownership, transactions involving farmland, and overall national security interests.
[i] Agricultural Foreign Investment Disclosure Act of 1978 [Public Law 95-460] [as amended through P.L. 110–246, effective May 22, 2008] [7 U.S.C. §§ 3501-3508]