Declaration Submission Instructions (Part 800)

Parties that submit a declaration regarding a covered transaction to CFIUS must do so in accordance with the procedures stated in the regulations at 31 C.F.R. § 800.403.  The declaration must include the information required by the regulations at 31 C.F.R. § 800.404.

This web site outlines the basic requirements for declarations and other information that may be useful to parties, but does not create any rights for, nor confer any rights on, any person, nor operate to bind the U.S. Government.  Parties must consult the regulations 31 C.F.R. § Part 800  to ensure that the declaration meets all legal requirements for acceptance.  Parties may also contact the Staff Chairperson with questions.

1. PRE-SUBMISSION CONSULTATIONS

CFIUS does not issue advisory opinions as to whether a transaction is a covered transaction or might raise national security concerns.  CFIUS will not accept or review any draft declarations.

2. SUBMITTING A DECLARATION TO CFIUS 

Please reference 31 C.F.R. § Part 800 Subpart D for all declarations-related guidance. The regulations, at 31 C.F.R. § 800.404, specify the required contents of a declaration.  All parties submitting a declaration must do so using the declaration submission form below: 

Guidance for completing the declaration submission form is provided below:

 

*Each individual electronic file submitted as an e-mail attachment must be no larger than five megabytes (5MB) in size to facilitate handling by CFIUS.* 

3. DECLARATION Timetable

Upon receipt of a declaration submitted pursuant to 31 C.F.R. § 800.403, the Staff Chairperson will promptly inspect the declaration for completeness.  Upon determining that the declaration meets all requirements set forth at 31 C.F.R. § 800.404 and, therefore, is complete, the Staff Chairperson will accept the declaration and circulate the declaration to all CFIUS agencies.  Upon accepting a declaration, the Staff Chairperson will promptly notify the parties in writing of the date that the assessment period started.  This assessment period ends no later than the 30th day after it has commenced, or if the 30th day is not a business day, no later than the next business day after the 30th day.  Similarly, the Staff Chairperson or other Treasury Department official will advise the parties in writing if CFIUS requires further information or action by the parties.

Throughout declaration review, parties must respond to requests for information within two business days of the request or within a longer time frame if the parties so request in writing and the Staff Chairperson grants that request in writing.

4. CERTIFICATIONS

Each party to a transaction filing a declaration must provide a certification of the information contained in the declaration consistent with 31 C.F.R. § 800.204.  The certification must be signed by the chief executive officer or other duly authorized designee of each party to a transaction filing a declaration.

If the Committee notifies the parties to a transaction that have submitted a declaration pursuant to 31 C.F.R. § 800.401 or 31 C.F.R. § 800.402 that the Committee intends to conclude all action under section 721 with respect to that transaction, each party that has submitted additional information subsequent to the original declaration must file a certification as described in 31 C.F.R. § 800.204.

The requirements for the certifications, including the contents and the person(s) who may sign the certification, are set forth at 31 C.F.R. § 800.204.  Following are sample certifications:

 

For Declarations inquiries, please email:  CFIUS.declarations@treasury.gov