ARTICLE · 12 MARCH 2020

Treasury Issues Proposed Rule For CFIUS Filing Fees

O'Melveny & Myers LLP

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On March 4, 2020, the Department of the Treasury issued a proposed rule to establish filing fees for voluntary notices submitted to the Committee on Foreign Investment in the United States...

United StatesGovernment, Public Sector

Greta Lichtenbaum

Theodore Kassinger

Mary Patricia Dwyer

David J. Ribner

On March 4, 2020, the Department of the Treasury issued a proposed rule to establish filing fees for voluntary notices submitted to the Committee on Foreign Investment in the United States (CFIUS) for review. As described in our prior alerts—Treasury Finalizes New CFIUS Regulations and Treasury Issues Long-Awaited Proposed CFIUS Regulations—the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) authorized CFIUS to charge filing fees up to the lesser of 1% of the value of the transaction or $300,000, adjusted annually for inflation, but CFIUS did not include fees in the primary sets of FIRRMA implementing regulations that became effective February 13, 2020. The proposed rule is scheduled to be published in the Federal Register on March 9, 2020, and will allow 30 days for public comments.

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