December 2009
"Considerations in Voluntary Filing Notice with the Committee on Foreign Investment in the United States," The M&A Lawyer, November/December 2009 and Wall Street Lawyer
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Parties to a cross-border transaction must determine whether to voluntarily file notice with the Committee on Foreign Investment in the United States (CFIUS). This article describes (i) the considerations as to whether to file notice, (ii) pre-filing consultation with CFIUS, (iii) the notice and certifi cation, (iv) the CFIUS process where notice is filed and (v)enforcement, in light of the U.S. Treasury Department’s fi nal regulations regarding CFIUS, which became effective in December 2008. These regulations implement Section 721 of the Defense Production Act of 1950, as amended by the Foreign Investment and National Security Act of 2007, and codify CFIUS process.