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.
Final rule ESTABLISHING FILING FEES (July 2020)
The Department of the Treasury issued a final rule—effective August 27, 2020—which adopts the interim rule (in place from May 1, 2020, through August 26, 2020) establishing a fee for parties filing a formal written notice of a transaction for review by CFIUS.
- Definition of “Principal Place of Business”; Filing Fees for Notices of Certain 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:
As of August 9, 2020, filing fees may be paid only through Pay.gov via the Case Management System portal. Instructions on paying 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.