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ARTICLE · 25 OCTOBER 2022

CFIUS Issues New Enforcement And Penalty Guidance

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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After the 2018 and 2019 amendments to the CFIUS rules, certain CFIUS filings are now mandatory ..

United StatesGovernment, Public Sector
Eric McClafferty
Eric McClafferty
Wyatt Mince
Wyatt Mince

On October 20, the Committee on Foreign Investment in the United States (CFIUS or the Committee) issued a press release laying out new guidance to provide clarity about how the Committee assesses violations of the laws and regulations that govern transaction parties, including potential breaches of CFIUS mitigation agreements.

Penalties are possible for the following behavior:

  • Failure to File – After the 2018 and 2019 amendments to the CFIUS rules, certain CFIUS filings are now mandatory, including those where the U.S. target makes or holds information related to making items that are controlled for export. Many companies (especially those that don't export) are not aware that their products (or existing know-how) are controlled for export. Moreover, the scope of export controls has been expanding, which in turn expands the scope of covered CFIUS transactions.

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