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ARTICLE · 18 APRIL 2024

Treasury Proposes Stronger CFIUS Penalties, Broader Subpoena And Enforcement Powers

Wiley Rein
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The U.S. Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently published a Notice of Proposed Rulemaking (NPRM).

United StatesGovernment, Public Sector
Hon. Nazak Nikakhtar
Hon. Nazak Nikakhtar
Nova J. Daly
Nova J. Daly
Daniel P. Brooks
Daniel P. Brooks
Paul J. Coyle
Paul J. Coyle
Patrick Griffo
Patrick Griffo

The U.S. Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently published a Notice of Proposed Rulemaking (NPRM) that would amend the CFIUS regulations to enhance the Committee's access to transaction information, including through its subpoena powers, and strengthen CFIUS's existing penalty and enforcement authorities. Treasury's press release describes the NPRM as the "first substantive update to the mitigation and enforcement provisions of the CFIUS regulations since the enactment and implementation of the Foreign Investment Risk Review Modernization Act of 2018." Comments on the NPRM are due May 15, 2024.

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