CFIUS’s genetic data criteria could ensnare more biotech investments

More U.S. biotech deals could be scrutinized, especially in companies doing research with genetic biomarkers

Regulations proposed by the Trump administration would require scrutiny and government approval of foreign investment in a broad swath of private biotechs, including all companies that conduct clinical research involving genetic biomarkers.

The rules, proposed Tuesday by the U.S. Department of Treasury, seek to expand the scope of non-controlling investments in U.S. corporations that CFIUS will scrutinize in “critical technology” areas. Almost all investments in cancer, personalized medicine, genomics and regenerative medicine would be subject to CFIUS review.

The proposal “means much more due diligence will be required of U.S. investment targets and their operations and the types of personal

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