The US Department of Treasury Releases CFIUS Enforcement and Penalty Guidelines

October 20, 2022 Aakash Ghosh US Local News 0

The US Department of Treasury Releases CFIUS Enforcement and Penalty Guidelines

The Department of the Treasury, as Chair of the Committee on Foreign Investment in the United States today released the first-ever CFIUS Enforcement and Penalty Guidelines.

CFIUS’s mandate of identifying and mitigating certain national security risks while maintaining the U.S. openness to foreign investment often requires the Committee to enter into agreements or impose conditions on transaction parties to mitigate risks to national security that arise from a transaction.

These Guidelines provide the public with information about how the Committee assesses violations of the laws and regulations that govern transaction parties, including potential breaches of CFIUS mitigation agreements.

“The vast majority of those who come before CFIUS abide by their legal obligations and work collaboratively with the Committee to mitigate any national security risks arising from the transaction; however, those who fail to comply with CFIUS mitigation agreements or other legal obligations will be held accountable,” said Assistant Secretary of the Treasury for Investment Security Paul Rosen.  “Today’s announcement sends a clear message:  Compliance with CFIUS mitigation agreements is not optional, and the Committee will not hesitate to use all of its tools and take enforcement action to ensure prompt compliance and remediation, including through the use of civil monetary penalties and other remedies.”

These Guidelines provide the public with important information about how CFIUS will assess whether and in what amount to impose a penalty or take some other enforcement action for a violation of a party’s obligation and factors that CFIUS may consider in making such a determination, including aggravating and mitigating factors.

Transaction parties’ compliance is critical to ensuring the protection of national security.

The Guidelines are available here: CFIUS Enforcement and Penalty Guidelines.  Public notice of the availability of these Guidelines will also appear in the Federal Register.  For more information about CFIUS, visit www.treas.gov/cfius.  Examples of enforcement actions to date can be found on Treasury’s “CFIUS Monitoring and Enforcement” page, which will be updated as appropriate.

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Akash Ghosh is a cricket enthusiast and a writer who covers the latest news and match previews for Panasiabiz. He has been following the game since he was a kid and enjoys analyzing the performances of players and teams. He also likes to share his opinions and predictions with fellow cricket fans through his articles and social media posts. Akash has a degree in journalism and a passion for writing engaging and informative content. Akash can be reached at [email protected]