CFIUS Enforcement and Penalty Guidelines

CFIUS Enforcement and Penalty Guidelines - Treasury

These Enforcement and Penalty Guidelines (the “Guidelines”) describe three categories of conduct that may constitute a Violation.

CFIUS Enforcement | U.S. Department of the Treasury

In 2024, CFIUS imposed a $1.25 million penalty, the maximum amount authorized under the applicable CFIUS regulations, against a transaction party for submitting ...

CFIUS Announces Enforcement Updates, Including Details on Large ...

In addition to rejecting the filing, CFIUS imposed “the maximum authorized” penalty of $1.25 million given that the penalty for such violations ...

CFIUS Flexes Its Enforcement Authority | Insights - Ropes & Gray LLP

The Guidelines set forth the process by which CFIUS assesses penalties for non-compliance with the CFIUS regulations. The Guidelines identify ...

What Do the First-Ever CFIUS Enforcement and Penalty Guidelines ...

The Guidelines signal a strong commitment to the enforcement of the CFIUS regulations. Indeed, CFIUS has in recent years demonstrated an ...

A Look Inside CFIUS Enforcement and Penalty Guidelines

Failure to comply with a CFIUS mitigation measure, which can lead to a civil penalty of up to $250,000 or the value of the transaction, ...

CFIUS Issues New Enforcement and Penalty Guidelines

The Guidelines describe how CFIUS identifies, processes, and assesses violations, including failure to make a mandatory filing, material misstatements or ...

Treasury Department Issues First-Ever CFIUS Enforcement and ...

The Guidelines specifically note, however, that not all violations will necessarily result in an enforcement action or penalties, and that CFIUS ...

CFIUS Releases First-Ever Enforcement and Penalty Guidelines

Aggravating and Mitigating Factors. The Guidelines explain that CFIUS engages in a fact-based analysis when determining the appropriate penalty ...

Treasury Department Launches New CFIUS Enforcement Website

Notably, in 2023 and 2024, CFIUS issued three times more penalties than it had previously issued in its nearly 50-year history. The publication ...

CFIUS Releases First-Ever Penalty Guidelines - Jones Day

In addition to the reputational and deal-closing risks posed by a potential CFIUS enforcement action, CFIUS's regulations provide for a civil ...

New CFIUS Enforcement Guidelines: Top 5 Takeaways

If parties fail to make a mandatory CFIUS filing, CFIUS can assess a civil monetary penalty against the foreign investor, the US business, or ...

CFIUS Proposes Expanded Enforcement Authorities and Increased ...

Raise the maximum monetary penalty for violating the regulations from $250,000 to $5 million. For some violations, the penalty can be up to ...

CFIUS Increases the Stakes with New Enforcement and Penalty ...

Failure to submit a mandatory Declaration is an obvious way to violate CFIUS regulations; this type of violation has been subject to the ...

Treasury Publishes CFIUS Enforcement and Penalty Guidelines

Treasury Publishes CFIUS Enforcement and Penalty Guidelines ... On October 20, 2022, the US Treasury Department released the first Committee on ...

CFIUS releases enforcement and penalty guidelines - Davis Polk

Once CFIUS and the parties have agreed on a remedy, or a transaction has been closed without a filing, and CFIUS is seeking to impose a civil ...

CFIUS Enforcement and Penalty Guidelines | The Trade Practitioner

CFIUS Enforcement and Penalty Guidelines · Willful or grossly negligent violations; · Violations that were concealed, unreported, or delayed in ...

Is CFIUS Sharpening Its Knife? Publication of First-Ever CFIUS ...

... CFIUS Enforcement and Penalty Guidelines (the “Guidelines”).1 The Guidelines set forth the process by which CFIUS will assess penalties for ...

Newly Released CFIUS Enforcement and Penalty Guidelines

These guidelines (while nonbinding) make certain that persons and entities must comply with CFIUS' regulations, ie, file a timely declaration or notice.

Treasury Department Releases CFIUS Enforcement and Penalty ...

In assessing any penalty, the Guidelines state that CFIUS undertakes “a fact-based analysis in which it weighs aggravating and mitigating ...