ARTICLE · 01 MAY 2024

Less Bark And More Bite? CFIUS Proposed Rule Enhancing Enforcement Capabilities

Torres Trade Law, PLLC

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A new proposed rule issued by the Committee on Foreign Investment in the United States (CFIUS) seeks to expand the scope of information that CFIUS can request from parties...

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A new proposed rule issued by the Committee on Foreign Investment in the United States (CFIUS) seeks to expand the scope of information that CFIUS can request from parties, expand its ability to monitor and investigate non-notified transactions, target procedural weaknesses in mitigation negotiations, and increase penalties. Written comments on the proposed rule must be received by May 15, 2024.

Below are the key takeaways from the proposed rule:

Non-Notified Transactions: As the name suggests, these are transactions where no CFIUS filing was made by the parties. Currently, CFIUS can request that parties provide information to determine if the transaction is a "covered transaction." In other words, CFIUS is limited to requesting information to verify if it has jurisdiction over the transaction. The proposed rule will expand the type of information that CFIUS may request and seeks subpoena authority to obtain information about "national security considerations"

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