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ARTICLE · 18 MARCH 2020

CFIUS Filing Fee Rule Proposed

Squire Patton Boggs LLP
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On Monday, March 9, 2020, the US Department of the Treasury's (the Treasury) proposed rule for filing fees applicable to notice filings with the Committee on Foreign Investment in the United State

United StatesGovernment, Public Sector
Trade Practitioner
Trade Practitioner

On Monday, March 9, 2020, the US Department of the Treasury's (the Treasury) proposed rule for filing fees applicable to notice filings with the Committee on Foreign Investment in the United States (CFIUS or Committee) was published in the Federal Register (see 85 Fed. Reg. 13586, March 9, 2020). The Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which amends section 721 of the Defense Production Act of 1950, authorized the Committee to "assess and collect a fee in an amount determined by the Committee in regulations . . ." (See FIRRMA § 1723, amending 50 U.S.C. § 4565.) As required by FIRRMA, the filing fees are proportional to the "value of the transaction" that is the subject of the filing with CFIUS.

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