Treasury proposal seeks to expand CFIUS enforcement authority

Treasury Department

A proposal by the Treasury Department would allow the Committee on Foreign Investment in the United States (CFIUS) to seek more information as part of its review activities and enable “substantially” larger penalties in instances of noncompliance with relevant regulations.

The proposal, announced Thursday, “reflects CFIUS’s evolution and increased focus on monitoring, compliance, and enforcement,” the Treasury said in a press release. CFIUS was established in 1975 and reviews transactions by foreign persons involving real restate in the United States or investments in U.S. businesses to determine their potential effect on national security.

The committee, which is led by the Treasury, last had its enforcement provisions substantively updated in 2018, when then-President Donald Trump expanded its jurisdiction over certain investment structures to largely address emerging investment risks from China.

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