Treasury Proposal to Give Foreign Investment Regulator New Power

Published on April 12, 2024

The federal government plans to strengthen the enforcement authority of a powerful committee that screens foreign investment in the United States for national security risks. The proposed rules, made public on Thursday, would expand the power of the Committee on Foreign Investment in the United States (CFIUS), an interagency panel led by the Treasury Department charged with reviewing foreign investment in U.S. businesses and certain real estate sectors. Under the Treasury Department’s proposal, the committee could obtain more transaction information and issue subpoenas to third parties not involved in CFIUS-reviewed transactions. The proposed changes would authorize the committee to impose monetary penalties of up to $5 million for violations of CFIUS-related obligations. The current maximum fine is $250,000....

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