The interim rule applies to all notices filed with CFIUS on or after May 1, 2020; and CFIUS will not generally accept the filing, or begin its review, until it has received the filing fee. To encourage the use of short-form declarations, instead of full filings, no fees will apply to ...
On March 9, 2020, the U.S. Department of the Treasury published aproposed ruleestablishing filing fees for parties filing a voluntary notice with the Committee on Foreign Investment in the United States (CFIUS). The filing fee would be set based on the transaction value. No filing fees would...
This could be due to a number of factors outside of CFIUS’ control, including delays in filing fee payment or submission of the required personal identifier information. Nonetheless, CFIUS’ net processing times improved by almost 2 full business days, as CFIUS has continued to allocate ...
Evaluate whether a transaction triggers any CFIUS mandatory declaration requirement, and, if not, consider conducting a risk-based analysis to determine whether a voluntary filing is a good option; Remember that CFIUS plans to issue filing fee requirements at a later date, which should be considere...
implemented a new filing-fee process and further implemented CFIUS reform through additional rulemakings. In the near future, CFIUS is also expected to issue its first-ever enforcement guidance and to finalize itsrulemaking on the scope of mandatory filings for critical technology transactions, which ...
The CFIUS review process now also offers a fee-free, fast-track review process known as a declaration, which is a short-form filing assessed in 30 days. Complex deals involving countries and sectors deemed to be higher risk are unlikely to benefit from the fast-track process, but for deals...
FIRRMA grants CFIUS the ability to impose a new filing fee, which will be based on a sliding scale to be established in regulations. The fee cannot exceed the lesser of 1 percent of the transaction value or $300,000 (adjusted annually for inflation). CFIUS will need to work within appropr...
Investment in the United States (CFIUS), Cree and Infineon said that the transaction in its existing form was unlikely to be approved by CFIUS, and that they were therefore exploring ways of modifying the transaction in order to mitigate or address the regulatory concerns (then refiling with ...
Remember that CFIUS plans to issue filing fee requirements at a later date, which should be considered when planning deal budgets; and Allow for sufficient time pre-signing to conduct CFIUS analysis and add appropriate terms to deal documents, as well as prepare, file, and man...