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MVA White Collar Defense, Investigations, and Regulatory Advice Blog: Treasury Department Publishes Interim Final Rule Implementing CFIUS Filing Fees

May 2020

Charlotte White Collar, Regulatory Defense, and Investigations Member Frank Schall and Associate Elena Mitchell’s MVA White Collar Defense, Investigations, and Regulatory Advice Blog article titled, “Treasury Department Publishes Interim Final Rule Implementing CFIUS Filing Fees” was published on April 30.

The article

As discussed in our related March 25, 2020 post, in early March 2020, the Department of the Treasury (“Treasury”) issued a proposed rule regarding filing fees for parties filing voluntary notices of certain transactions for review by the Committee on Foreign Investment in the United States (“CFIUS”) pursuant to the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”). Earlier this week, on April 28, Treasury filed an interim final rule implementing filing fees beginning May 1, 2020. In issuing the rule as an interim final rule, the Treasury is extending to time to allow for additional public comment through June 1, 2020, in recognition of the COVID-19 pandemic potentially negatively impacting parties’ abilities to comment on the earlier proposed rule. Only five comment letters were received from the public during the initial comment period, one of which requested an extension due to the challenges posed by the global pandemic. As we stated previously, the rule likely will increase CFIUS’s scrutiny of transaction valuations to ensure appropriate fees are paid pursuant to the new fee structure.

To view the complete blog article, please click here.