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ARTICLE · 22 MAY 2020

CFIUS Filing Fees Become Effective On May 1

When Congress passed the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) to strengthen and expand the jurisdictional reach of the Committee on Foreign Investment in the United States.

United StatesGovernment, Public Sector

When Congress passed the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) to strengthen and expand the jurisdictional reach of the Committee on Foreign Investment in the United States, (CFIUS) we knew that CFIUS would eventually exercise the power granted by Congress to impose filing fees for transactions reviewed by the Committee. Now we know what those fees will look like. Earlier this week, the US Department of the Treasury issued an interim rule implementing the filing fee regimes, which CFIUS will begin administering with respect to all written CFIUS Notices effective May 1, 2020. Recognizing the challenges posed by the ongoing coronavirus pandemic, CFIUS has decided to issue the rule as an interim rule to allow the public time to provide additional comments through June 1, 2020. While the comment period remains open for another 30 days, CFIUS will begin to collect fees starting May 1.

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