U.S. Treasury Department releases new website to clarify

The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee that reviews certain transactions involving foreign investment in the United States to determine whether those transactions could affect the national security of the U.S. The Treasury Department chairs CFIUS, which is comprised of representatives from 16 federal executive departments and agencies.

In recent years, CFIUS has stepped up its enforcement efforts, with the amount of penalties issued by CFIUS in 2023 and through 2024 tripled in its nearly 50 years of existence.

The Treasury Department has launched a new website that contains detailed information about all civil penalties imposed by CFIUS over the past few years. The new website describes the nature of the conduct leading to the penalty and the aggravating and mitigating factors, and includes three new sections: CFIUS Enforcement, CFIUS Mitigation, and CFIUS Non-Notified Transactions.

CFIUS Enforcement

The CFIUS Enforcement section provides information about CFIUS’s latest priorities and details the actions the Committee has taken to strengthen compliance and enforcement. The page also lists several enforcement actions involving fines and outlines details of the violation, the penalty, and any mitigating factors. For example, in 2024, CFIUS fined T-Mobile $60 million.

CFIUS Mitigation

The new CFIUS Mitigation section provides detailed information on CFIUS staffing and resources. The page details how staff are designated to negotiate, monitor, and enforce effective mitigation agreements, conditions, and orders. The page also details how designated compliance personnel are utilized within mitigation entities.

CFIUS Notified Transactions

The Undeclared Transactions page details when CFIUS can take steps to initiate a review of an undeclared transaction. The page also details the various sources the Committee uses to identify these transactions, including the public, media coverage, and business databases. Finally, the page lists the types of information the Treasury Department welcomes from the public.

Diaz Trade Law will continue to monitor CFIUS activity. If you have questions about how CFIUS enforcement may impact your business, please contact us immediately at info@diaztradelaw.com.