Among the more interesting data points in our third annual CFIUS survey: The vast majority of non-notified inquiries (81.3 percent) were related to transactions within the last three years. Also of interest: Most respondents would like to see formal guidance from the Committee. Details inside.
Hot TopicsNon-Notified Transactions
We asked Tyler McGaughey, who was previously responsible for managing the day-to-day operations of Treasury’s CFIUS team, to give us his “top ten takeaways” from the latest ACI CFIUS conference. Among his insights: The DoD is actively searching for non‑notified transactions.
The U.S. Treasury Department has released its strategic plan for the next four years. Among the strategies to be employed: “accelerating the timelines for identification and processing” of covered transactions that aren’t voluntarily filed with CFIUS. Details, context and full plan are inside.
Foreign Investment Watch has received unconfirmed reports that CFIUS is taking a particular interest in non-notified transactions involving Russian parties, and may be reviewing deals that are up to 10 years old. Inside are expert insights, related data, and recommended steps to consider.
This week, two CFIUS experts explain the Committee’s decision-making process regarding non-notified transactions. Interestingly, they note that CFIUS doesn’t always notify parties that it won’t pursue a transaction. Inside: What to do when CFIUS stops engaging, and more.
As most Foreign Investment Watch readers know, the Treasury Department has built a new team whose sole mission is to find transactions that were not filed with CFIUS. This week, a former Treasury official explains their process, and provides tips for those in their crosshairs.
An interesting disclosure trend is emerging in SEC filings: Companies are announcing their intention not to file with CFIUS. “It’s like preemptive disclosure of a non-notified transaction,” says one expert. Details, examples, insights and more are inside.
We sit down with Tyler McGaughey, who, until recently, managed the day-to-day operations of Treasury’s CFIUS team. Tyler highlights some common mistakes that trip up filers, such as submitting organizational charts that are “super complicated or confusing.” Details inside.
This week we sit down with Aimen Mir, who served as Deputy Assistant Secretary for Investment Security at Treasury. According to Aimen, the strategy of trying to fly under-the-radar when dealing with CFIUS is going to be “increasingly risky” going forward. Details inside.
Three experts on national security and foreign investment say that they’ve seen CFIUS inquires “about transactions that had closed maybe four or more years ago,” and have heard of others that closed nearly a decade ago. Details, summaries, contacts, presentation, and video are inside.
During an Oct. 2 online forum, the head of CFIUS provided a series of updates and insights on topics ranging from treatment of joint ventures to upcoming enforcement guidelines. Details, excerpts, key quotes, contacts, and the full video are inside.