BUREAU OF INDUSTRY AND SECURITY (BIS)

Bureau of Industry and Security - Wikipedia

 

BIS Press Releases                                             
BIS Regulations                                          
BIS Russia-Belarus Resource Page   
BIS Enforcement Tip Line                                   
BIS EAR ‘cyber rule’ FAQs

 

 

OFFICE OF FOREIGN ASSETS CONTROL (OFAC)

Office of Foreign Assets Control - Wikipedia

 

OFAC Press Releases                               
OFAC Sanctions List                               
OFAC Ukraine/Russia-related Sanctions   
OFAC Russian Harmful Foreign Activities Sanctions
OFAC Frequently Asked Questions              

 

 

DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY (DCSA)

 

FOCI (Foreign Ownership, Control or Influence)

 

 

 

 

 

COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES (CFIUS)

Office of Foreign Assets Control - Wikipedia

 

CFIUS Frequently Asked Questions
CFIUS Enforcement and Penalty Guidelines  (a public notice of availability of these Guidelines will also appear in the Federal Register)  
CFIUS Monitoring and Enforcement

 

 

 

 

COMMITTEE COMPOSITION

The Secretary of the Treasury is the Chairperson of CFIUS, and notices to CFIUS are received, processed, and coordinated at the staff level by the Staff Chairperson of CFIUS, who is the Director of the Office of Investment Review and Investigation in the Department of the Treasury.

The members of CFIUS include the heads of the following departments and offices:

  • Department of the Treasury (chair)
  • Department of Justice
  • Department of Homeland Security
  • Department of Commerce
  • Department of Defense
  • Department of State
  • Department of Energy
  • Office of the U.S. Trade Representative
  • Office of Science & Technology Policy

The following White House offices also observe and, as appropriate, participate in CFIUS’s activities:

  • Office of Management & Budget
  • Council of Economic Advisors
  • National Security Council
  • National Economic Council
  • Homeland Security Council

The Director of National Intelligence and the Secretary of Labor are non-voting, ex-officio members of CFIUS with roles as defined by statute and regulation.

August 2, 2022
CFIUS released its unclassified Annual Report to Congress for 2021.

August 9, 2022
The Center for Strategic and International Studies (CSIS), a bipartisan, nonprofit policy research organization, based in Washington, DC, published their evaluation (“Evaluating CFIUS in 2021”) of the Committee on Foreign Investment in the United States.

The Department of the Treasury, as Chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), released the first-ever CFIUS Enforcement and Penalty Guidelines.
CFIUS’s mandate of identifying and mitigating certain national security risks while maintaining the U.S. openness to foreign investment often requires the Committee to enter into agreements or impose conditions on transaction parties to mitigate risks to national security that arise from a transaction. These Guidelines provide the public with information about how the Committee assesses violations of the laws and regulations that govern transaction parties, including potential breaches of CFIUS mitigation agreements.  
“The vast majority of those who come before CFIUS abide by their legal obligations and work collaboratively with the Committee to mitigate any national security risks arising from the transaction; however, those who fail to comply with CFIUS mitigation agreements or other legal obligations will be held accountable,” said Assistant Secretary of the Treasury for Investment Security Paul Rosen.  
“The announcement sends a clear message:  Compliance with CFIUS mitigation agreements is not optional, and the Committee will not hesitate to use all of its tools and take enforcement action to ensure prompt compliance and remediation, including through the use of civil monetary penalties and other remedies. ”These Guidelines provide the public with important information about how CFIUS will assess whether and in what amount to impose a penalty or take some other enforcement action for a violation of a party’s obligation, and factors that CFIUS may consider in making such a determination, including aggravating and mitigating factors.  
Transaction parties’ compliance is critical to ensuring the protection of national security.  In response to the Foreign Investment Risk Review Modernization Act of 2018, which enhanced CFIUS’s enforcement authorities, Treasury’s Office of Investment Security created the Monitoring & Enforcement office, which oversees this effort.  That office works closely with the other CFIUS member agencies to monitor transaction parties’ compliance with their obligations and take any appropriate enforcement action that may be required.