No. The regulations on real estate transactions exclude from CFIUS’s jurisdiction under 31 C.F.R. part 802 certain transactions based on characteristics of the foreign person, the transaction, and the real estate. The regulations include a section on “excepted real estate transactions” and exclude the following, subject to certain conditions:
- real estate transactions involving an excepted real estate investor;
- real estate transactions that are part of a “covered transaction” under the part 800 regulations (though such transaction may separately be subject to CFIUS’ jurisdiction under 31 C.F.R. part 800);
- real estate transactions in an “urbanized area” or “urban cluster,” as defined by the Census Bureau, except those relating to “covered ports” and those in “close proximity” to certain military installations;
- the purchase, lease, or concession of a single “housing unit,” as defined by the Census Bureau;
- the lease or concession of real estate in airports and maritime ports for the purpose of retail sales;
- the lease or concession of real estate in airports and maritime ports involving a foreign air carrier with a security program accepted by the Transportation Security Administration;
- the purchase, lease, or concession of certain commercial space in a multi-unit commercial building; and
transactions involving real estate owned by Alaska Natives or held in trust by the United States for certain native populations.