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ARTICLE · 14 MAY 2024

Trade Matters - May 9, 2024

Lowenstein Sandler LLP
Lowenstein Sandler LLP
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Lowenstein Sandler LLP

Lowenstein Sandler LLP

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On April 15, the U.S. Department of the Treasury published a proposed rule that would enhance certain Committee on Foreign Investment in the United States ...

United StatesGovernment, Public Sector
Doreen Edelman
Doreen Edelman
Abbey Baker
Abbey Baker
Andrew Bisbas
Andrew Bisbas
Christian Contardo
Christian Contardo
Kei Komuro
Kei Komuro
Megan Bodie
Megan Bodie

1. Expansion of CFIUS Enforcement Authorities and Higher Penalties Proposed
On April 15, the U.S. Department of the Treasury published a proposed rule that would enhance certain Committee on Foreign Investment in the United States (CFIUS or the Committee) procedures and increase CFIUS penalty and enforcement authorities. This is the first substantive update to CFIUS since the implementation of the Foreign Investment Risk Review Modernization Act of 2018. The key changes involve CFIUS' authority to request information, time frames for responding to proposed mitigation terms, and civil monetary penalties.

  • The rule would expand CFIUS' access to information by empowering the Committee to request information from transaction parties and other persons regarding non-notified transactions. The information will assist the Committee with compliance monitoring, determining whether a violation occurred, and reviewing whether a transaction is a covered transaction, presents

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