CFIUS PROVIDES DETAILS ON MONITORING AND ENFORCEMENT
July 27, 2020
The Committee on Foreign Investment in the United States (CFIUS) recently published a new webpage regarding its Office of Monitoring and Enforcement. This office is tasked with: monitoring foreign investments in the United States that are not voluntarily submitted to CFIUS for review (“non-notified” transactions); enforcing CFIUS’s mandatory declarations regulations (“non-declared” transactions); overseeing compliance with CFIUS mitigation agreements, conditions, and orders; and, administering and enforcing civil monetary penalties for violations of applicable CFIUS regulations and agreements. The webpage provides guidance regarding non-notified and non-declared transactions, as well as the office’s mitigation and enforcement programs. Additionally, the webpage asks members of the public to contact Monitoring & Enforcement with any tips, referrals, or other relevant information at CFIUS.tips@treasury.gov; in particular regarding:
- identification of a contemplated or completed foreign investment in, or an acquisition of, a U.S. business or real estate that may be within CFIUS’s purview;
- incidents that may imperil or constitute an apparent violation of an existing CFIUS mitigation agreement or order; or
- other issues requiring the attention of Monitoring & Enforcement relating to foreign investment and national security.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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