In the News

CFIUS Issues First-Ever Enforcement and Penalty Guidelines, GCR

Wednesday, October 26, 2022

Partners Giovanna Cinelli and Ken Nunnenkamp were quoted in a GCR article regarding the first-ever guidelines published by the Committee on Foreign Investment in the United States (CFIUS) on enforcement and penalties. Ken noted that while the CFIUS guidance is rather sparse, it signals that more enforcement is likely on the horizon. One important development is the notion of voluntary disclosures of potential violations—which the committee has never mentioned before, he added.

The guidelines, like President Joseph Biden’s recent CFIUS executive order, “remove some of the opacity that accompanies the committee’s exercise of discretionary authorities,” said Giovanna.

The new policies or regulations may signal the executive branch’s interest in managing any reactions from Congress and preparing for potential changes after the upcoming congressional election in early November, she noted.

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