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ARTICLE · 24 APRIL 2024

CFIUS Proposes Expanded Enforcement Authorities And Increased Penalties

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On April 15, 2024, the Treasury Department published a proposed rule that would amend the Committee on Foreign Investment in the United States (CFIUS) regulations to expand CFIUS's enforcement authorities.

United StatesGovernment, Public Sector
Christian Davis
Christian Davis
Laura Black
Laura Black
Katherine P. Padgett
Katherine P. Padgett
Alison M. Trimble
Alison M. Trimble
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On April 15, 2024, the Treasury Department published a proposed rule that would amend the Committee on Foreign Investment in the United States (CFIUS) regulations to expand CFIUS's enforcement authorities. Specifically, the proposal would:

  • Broaden the types of information that CFIUS can request from parties to "non-notified transactions," which will enable the Committee to assess not only its jurisdiction to review such transactions, but also potential national security concerns and mandatory filing requirements associated with the transactions.
  • Implement a three-business-day deadline for transaction parties to respond to proposed mitigation terms. Although Treasury anticipates granting extensions in certain cases, this timeline may be challenging for transaction parties, particularly when they are spread across multiple time zones.

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