re: Let's end a talking Point: Just WHO was on the CFIUS that approved uranium ONE

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However, I am glad you all are moving away from the lie that Hillary herself held unilateral control over whether the deal was approved or not.

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CFIUS is an interagency committee authorized by statute[1] to review investments that could result in foreign control of a U.S. business that impacts U.S. national security. Parties to a transaction potentially subject to CFIUS review generally file a voluntary Notice. CFIUS takes 30 days to review the Notice, then conducts an additional 45-day investigation if necessary. The parties to the transaction must cooperate with CFIUS to conclude the investigation and institute any mitigation measures necessary to protect U.S. national security. If the parties and CFIUS cannot agree or adequate mitigation measures cannot be instituted, the Notice may be withdrawn and the transaction reworked or abandoned, or CFIUS may recommend to the President that the transaction be blocked. Only four transactions have been blocked or unwound by Presidential fiat in the history of CFIUS – two of those within the last year by Presidents Obama and Trump.

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To secure approval from CFIUS, Rosatom is reported to have promised to retain the Uranium One corporate management and corporate structure, not breaking up the company. In addition, the mining licenses would remain with U.S. subsidiaries controlled by U.S. persons. In addition, the Nuclear Regulatory Commission reviewed the transaction and gave its approval (emphasis added below):

NRC’s review of the transfer of control request determined that the U.S. subsidiaries will remain the licensees, will remain qualified to conduct the uranium recovery operations, and will continue to have the equipment, facilities, and procedures necessary to protect public health and safety and to minimize danger to life or property. The review also determined that the licensees will maintain adequate financial surety for eventual decommissioning of the sites. Neither Uranium One nor ARMZ holds an NRC export license, so no uranium produced at either facility may be exported.

By all reports, there was little controversy over the transaction (which occurred during President Obama's "reset" with Russia). Still, it is fair to say that the degree of scrutiny of this transaction seems less than the 2009 proposed purchase of a gold mine by Chinese interests—which was ultimately withdrawn in light of CFIUS objections.

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The structure of CFIUS is such that no one agency can control the outcome of the consideration. Here it appears that the entire committee and the NRC were all satisfied with the mitigation put in place. It is a very far stretch to lay this result at State's doorstep—the vigorous objection of any of the security-minded agencies would likely have derailed the transaction, but none, evidently was forthcoming. I have no doubt that State favored the sale—but that is likely the position it would take today under Secretary Rex Tillerson and was surely the position it would have taken under Secretaries Colin Powell, Condoleeza Rice and John Kerry. State has a strong institutional bias in favor of accommodating foreign investment in the United States. Here, it seems clear that the Pentagon and DHS did not object either.

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