A Treasury Department final rule that’s expected to expand the enforcement and monitoring powers of the Committee on Foreign Investment in the U.S. is scheduled to be officially published in the Federal Register Nov. 26 and take effect Dec. 26. The agency earlier this month issued a prepublication version of the rule, which will allow CFIUS to impose higher maximum penalties, collect a broader range of information from parties involved in non-notified transactions, fine companies and issue subpoenas in a wider set of circumstances, and more (see 2411180048).
The Treasury Department’s lead official for the Committee on the Foreign Investment in the U.S. expects the committee to continue much of its existing efforts under the incoming Trump administration, including by prioritizing enforcement and compliance with mitigation agreements.
Foreign investors are increasingly incorporating the regulatory requirements of the Committee on Foreign Investment in the U.S. into the due diligence they conduct for U.S. transactions, a trade lawyer said in an interview.
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The Committee on Foreign Investment in the U.S. soon will be able to impose higher penalties, collect a broader range of information from parties involved in non-notified transactions, fine companies and issue subpoenas in a wider set of circumstances, and gain other expanded powers as part of a final rule expected to be formally issued by the Treasury Department in the coming days.
Foreign investment lawyers aren’t expecting a big change in how the Committee on Foreign Investment in the U.S. operates under a second Trump administration, although a new round of tariffs against China and the continued easing of export restrictions among close U.S. allies could change the investment landscape and the number of filings submitted to CFIUS.
The Treasury Department published a final rule in the Federal Register that will add 59 military bases to the jurisdiction of the Committee on Foreign Investment in the U.S., setting the effective date for Dec. 9. The rule, released earlier this month, also will increase the scope of transactions CFIUS can examine for land purchases near eight other military bases, amend the definition for “military installation” and make other changes (see 2411040017 and 2407090003).
The Treasury Department is moving forward with a rule that will add 59 military bases across 30 states to the jurisdiction of the Committee on Foreign Investment in the U.S. and increase the scope of transactions CFIUS can examine for land purchases near eight other military bases (see 2407090003). The rule, released this month in prepublication form, includes multiple bases that lawmakers for months have urged Treasury to add to its purview, including two near planned Chinese lithium battery and electric vehicle plants.
The Committee on Foreign Investment in the U.S. will hold its third annual conference Nov. 19 in person at the Treasury Department, the agency announced. Previous conferences have featured keynote speeches and panel discussions with senior government and CFIUS officials (see 2309140005 and 2309150038). Event registration closes Nov. 6.
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