CFIUS Issues First‑Ever Enforcement And Penalty Guidelines

October 26, 2022 – On October 20, 2022, the U.S. Department of the Treasury, as chair of the Committee on Foreign Investment in the United States ("CFIUS"), released the first-ever CFIUS Enforcement and Penalty Guidelines. CFIUS's mandate is to identify and mitigate national security risks while maintaining the U.S.'s open foreign investment environment. Frequently it enters into mitigation agreements with parties to transactions; at other times it imposes mitigation conditions orders ("CFIUS Mitigation"). These Guidelines provide the public with information on how the Committee assesses violations of the laws and regulations that govern relevant transactions, including violations of CFIUS mitigation agreements.