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Overcoming the Pressure Points of the New CFIUS Filing & Declaration Processes, and Key Takeaways from the CFIUS Pilot Program

V&E Partner Damara Chambers will be presenting at the American Conference Institute’s (ACI) 6th National Conference on the Committee on Foreign Investment in the United States (CFIUS) on a panel addressing key issues in this critical time of transition for dealmakers and foreign investment.

On September 17, 2019, the U.S. Department of the Treasury issued over 300 pages of proposed regulations to implement the Foreign Investment Risk Review Modernization Act of 2018. This legislation is the first in over a decade to expand the scope of inbound foreign investment subject to review by CFIUS, and the final regulations became effective on February 13, 2020.

Panel topics will address these recent developments and the following questions:

  • How is the new mandatory filing and short-form declaration processes working?
  • What are the several different potential responses that CFIUS can provide to a declaration under FIRRMA, and how is this impacting timelines?
  • What is CFIUS seeing in terms of declarations, and what are the outcomes of these declarations?
  • Understanding the procedures, content and timelines associated with mandatory and voluntary declarations
  • How are the new mandatory filings being enforced and managed? What penalties are being imposed for failing to file?
  • What should companies be considering when deciding whether to file a short-form declaration in lieu of a full notice?
  • What additional categories of information must parties now include in a notice to CFIUS under the new rules?
  • Examining key takeaways from the CFIUS pilot program: what are the pressure points and how are they being addressed?

Presentation materials will be made available at the conclusion of the conference. The ACI Conference occurs on July 15-16, 2020.