Executive Order 14083: Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States

President: Joseph R. Biden Jr.

Directed CFIUS to consider supply-chain resilience, technological leadership, aggregate investment trends, cybersecurity and sensitive personal data when reviewing covered transactions.

Status: In effect. Is Executive Order 14083 still in effect? Yes. Executive Order 14083 remains in effect. It supplies risk-review guidance within CFIUS’s statutory framework; the February 21, 2025 America First Investment Policy added further presidential directions without expressly revoking this order.

What does Executive Order 14083 do?

Biden instructed the Committee on Foreign Investment in the United States to examine evolving national-security risks when reviewing transactions within its existing jurisdiction. The order emphasized that the United States welcomes foreign investment while some investments threaten security. It supplied additional direction about how CFIUS should analyze a covered transaction, not a new prohibition on all investment from a particular country. Signed text.

The specified considerations included supply-chain resilience, technological leadership, the cumulative pattern of related investments, cybersecurity and sensitive personal data. A transaction could matter beyond the defense industrial base: critical minerals, microelectronics, biotechnology, food-security capacity and other strategic technologies could also expose vulnerabilities. The committee was told to examine the buyer’s relevant third-party ties and whether multiple apparently limited acquisitions could collectively create a security risk. Signed text.

Data and cyber risks received particular attention. Reviewers could consider whether access to personal information might permit reidentification or exploitation, and whether an investment could enable malicious intrusions or compromise infrastructure. The order did not require CFIUS to reject every transaction involving data or technology. Rather, it directed transaction-specific consideration under the statutory security mandate and required periodic review of the committee’s own practices. Signed text.

Administration position: The order’s findings and policy rationale were the Biden administration’s positions. This guide distinguishes them from implementation records and judicial rulings.
SignedSeptember 15, 2022
Lead officialsTreasury-chaired CFIUS and member national-security agencies
Express timingApplied to reviews from issuance onward

Before and after

Before the order

CFIUS already had statutory authority under section 721 of the Defense Production Act, as amended by FIRRMA, to review covered investments and address national-security risks. EO 14083 elaborated the risk factors that informed that review. It expressly did not change jurisdiction, so the existence of a potentially concerning supply-chain issue did not itself turn every commercial arrangement into a covered transaction. Signed text.

After the order

The order took effect in September 2022. Treasury issued enhanced CFIUS procedure and enforcement regulations in November 2024; that rule was a separate exercise of statutory authority rather than an expansion created by this order alone. Trump’s February 21, 2025 investment memorandum subsequently directed stricter attention to adversary-linked investment and facilitation of allied investment. These later policies sit within the continuing statutory review system, and the original order has no recorded express revocation in the reviewed disposition table. Official follow-up record 1. Official follow-up record 2.

Who had to do what

Agency / officeActionTiming / position
CFIUS / Treasury-chaired committeeConsider supply-chain, technology, cumulative-investment, cybersecurity and sensitive-data factors in covered-transaction review; periodically review processes and report recommendations to the National Security Adviser.Ongoing reviews and periodic reports; no numerical report deadline.
OSTPPeriodically publish a list of technology sectors fundamental to US technological leadership and national security, consulting other committee members.Periodically; the order supplies no fixed annual date.
Commerce Department / International Trade AdministrationMay provide requested industry and cumulative-investment analysis to CFIUS during a transaction review.When requested by the committee; no independent fixed deadline.
National Security AdviserReceive CFIUS’s periodic report on processes, practices, regulations and recommended updates.On the committee’s periodic review schedule.

What happened next

Biden signed the CFIUS risk-factor order. Official source

Treasury announced a separate final rule enhancing CFIUS procedures and enforcement powers. Official source

Trump’s America First Investment Policy issued additional investment-review directions. Official source