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ARTICLE · 29 APRIL 2024

CFIUS Proposes Enhanced Enforcement And Mitigation Rules And Steeper Penalties For Non-Compliance

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The Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") has published proposed regulatory amendments that, if implemented, would expand CFIUS's

United StatesGovernment, Public Sector
Caroline E. Brown
Caroline E. Brown
Adelicia R. Cliffe
Adelicia R. Cliffe
Maria Alejandra del-Cerro
Maria Alejandra del-Cerro
Nimrah Najeeb
Nimrah Najeeb
Chandler Leonard
Chandler Leonard
Dilan Wickrema
Dilan Wickrema

What You Need to Know

Key takeaway#1

CFIUS remains a central focus of Congressional and public attention, particularly in the context of foreign investments involving sensitive U.S. industries or investors from jurisdictions of concern. This NPRM reflects CFIUS's interests in bolstering its enforcement and monitoring authority, and expanding its ability to collect additional information from parties to non-notified transactions. With steeper penalties for non-compliance on the horizon, it remains essential that parties to a transaction involving foreign investment conduct a thorough CFIUS analysis.

On April 11, 2024, the Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") announced proposed amendments to its enforcement and mitigation regulations, marking the first substantive update to CFIUS's mitigation and enforcement provisions since the enactment of the Foreign Investment Risk Review Modernization Act of 2018. The Committee

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