For formal written notices filed with the Committee on or after May 1, 2020, the receipt of a filing fee will generally be required before CFIUS will accept the formal written notice and begin its review of the transaction. The filing fee regulations are found in Subpart K of 31 C.F.R. part 800 and 31 C.F.R. part 802.
INTERIM RULE ESTABLISHING FILING FEES (MAY 2020)
The Department of the Treasury issued an interim rule—effective May 1, 2020—which establishes a fee for parties filing a formal written notice of a transaction with CFIUS. Receipt of the filing fee will generally be required before CFIUS will accept a formal written notice and begin its review of a transaction.
- Interim Rule on Filing Fees for Notices of Certain Foreign Investments in the United States by Foreign Persons and Certain Transactions by Foreign Persons Involving Real Estate in the United States (31 C.F.R. parts 800 and 802)
A fact sheet summarizing key aspects of the filing fee rule is found below:
Instructions on payment of filing fees are found below:
Parties filing a formal written notice of a transaction with the Committee under § 800.501(a) or § 802.501(a) shall pay a filing fee as follows:
|Transaction Value Range||Fee Amount|
|$0 to $499,999.99||$0|
|$500,000 to $4,999,999.99||$750|
|$5,000,000 to $49,999,999.99||$7,500|
|$50,000,000 to $249,999,999.99||$75,000|
|$250,000,000 to $749,999,999.99||$150,000|
Certain exceptions may apply. Review the full Subpart K for provisions on calculating transaction value as well as provisions on waiver, refilings, and other topics.