At the request of our readers, Foreign Investment Watch is creating a list of third-party monitors and auditors that are actively engaged with transaction parties on CFIUS-imposed National Security Agreements. We are asking readers to submit any TPMs or TPAs with whom they have worked.
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MitigationCFIUS (finally!) publishes some enforcement and penalty guidelines
In one of Paul Rosen’s first acts as head of CFIUS, the Treasury Department has issued formal enforcement and penalty guidelines. The guidance, promised more than two years ago, includes an interesting list of factors that CFIUS considers when determining penalties. Details and guidance inside.
Everything you wanted to know about NSAs but were afraid to ask
In the latest edition of “Ten Minutes On,” we discuss mitigation agreements with Tyler McGaughey, who previously managed the day-to-day operations of the CFIUS team at Treasury. We cover how CFIUS makes decisions, how terms are negotiated with companies, how monitoring happens, and more.
Exploring the costs associated with CFIUS mitigation and compliance
This week, we sit down with Steve Klemencic, a former division chief of the DoD’s Defense Intelligence Agency. Klemencic, who helped stand up the National Intelligence Council’s CFIUS Support Group and the FBI’s Foreign Investment Unit, explains the (hidden) costs associated with NSAs.
A short video conversation with the former head of CFIUS, Tom Feddo
In case you missed it, we recently sat down with Thomas Feddo, the former Assistant Secretary for Investment Security at Treasury, where he led CFIUS. Hear his thoughts on recent Congressional proposals, foreign cooperation, mitigation agreements, and more.
A “how to” guide for complying with CFIUS mitigation agreements
As we’ve reported extensively, CFIUS is increasingly utilizing mitigation agreements to resolve national security risks. This week, two experts provide recommendations that organizations should consider as they work through the mitigation agreement process.
CFIUS disclosures: mitigation deal, foreign person declarations, more
As FIW readers know, we scour SEC disclosures daily to unearth CFIUS filings, clearances and more. Occasionally, we find trends and anomalies worth hitting with a spotlight. This week we highlight uniform “foreign person” declarations, CFIUS-related termination rights, and more.
Insights on when to consider CFIUS mitigation requirements
As we covered back in July, the number of mitigation agreements monitored by the DoJ has nearly doubled. So this week, we turned to Keith Ausbrook, an expert on monitoring and compliance, to outline practical steps that may be helpful when mitigation is required.
CFIUS risk assessments, audits, and mitigation agreements
This week, we speak (virtually, of course) with Michael Rose, National Practice Leader for CFIUS Advisory Services at EisnerAmper. On tap: Pre-filing risk assessments; pitfalls for companies to avoid; controls and procedures to ensure compliance with mitigation agreements; third-party compliance audits; and more.
DoJ official details effective mitigation agreements, more
A leader of the DoJ’s National Security Division has provided some great details on compliance and enforcement of mitigation agreements. Of note: The DoJ conducted 35 site visits last year to monitor compliance. Details, key takeaways, the full speech, and contact information are inside.
Firm provides insights on CFIUS mitigation measures
As we reported last month, the most recent report from CFIUS provided data on covered transactions, filings and investigations. This week, two experts look at the data to provide insights into mitigation measures negotiated and adopted in 2018. Their examples of mitigation measures proposed are inside, as are extensive details, contact information, and related resources.