Columbus Air Force Base Added to CFIUS Review
On November 7, 2024, the Committee on Foreign Investment in the United States (CFIUS) issued a Final Rule expanding its authority to review transactions by foreign persons in real estate in the United States to add 59 military and national security facilities to those already listed in 31 CFR 802 Appendix A. The Final Rule added the Columbus Air Force Base in Columbus, Mississippi to Part 2 of Appendix A. This means that transactions with foreign persons involving land located within 100 miles of the Columbus Air Force Base are reviewable by CFIUS.
CFIUS has the authority to impose conditions on and even block sales or leases of land if CFIUS determines that such sales or leases may jeopardize national security. Residential real estate is an exception. The regulations outline a procedure for getting a determination from CFIUS prior to the sale or lease that CFIUS will not challenge the transaction.
The existing locations in Mississippi subject to CFIUS review are the Stennis Space Center in Hancock County, Camp Shelby south of Hattiesburg, and the Meridian Naval Air Station. The Stennis Space Center is in Part 1 of Appendix A, which means that transactions within one mile of the Space Center are reviewable. Camp Shelby and the Meridian Air Naval Station are in Part 2 of Appendix A, so transactions within 100 miles of those installations remain reviewable by CFIUS.
The new Rule became effective on December 9, 2024, and is not retroactive.