U.S. Department of the Treasury

Yes.  Parties who believe their transaction should be submitted to CFIUS under the pre-FIRRMA regulations according to the applicability rule should still submit their transaction through the CMS.  This includes transactions submitted under the critical technology pilot program regulations at 31 C.F.R. part 801.  There is no need to fill out the fields in the CMS for pre-FIRRMA transactions.  Instead, parties should upload the declaration or notice and any other files using the “Upload Documents” function in the CMS.  To submit a draft filing, no further action is needed, simply click “Submit Draft.”  To submit a formal filing under the pre-FIRRMA regulations, please ask your case officer to waive the system’s field validation for you.  Once your case officer confirms this has been done you can click the “Submit Formal” button to submit your formal filing.

Individuals added to a filing through the CMS are given broad permissions, including the ability to view or edit most documents and submit the filing to CFIUS.  If they are added as filing admins, they can also remove other users from a filing or add new users as filing admins.  For this reason, please use discretion when determining which individuals to add and at what level of permission.  You can remove yourself by going to the Participant Administration tab, finding your email address, clicking on the dropdown arrow, and selecting ‘Delete.’  A filing admin may also remove other users on the Participant Admin tab.  If neither of these methods are available to you, email the designated case officer and CFIUS@treasury.gov to request assistance.

“Payor” is the designation given to a CMS user that only has permission to pay a filing fee.  CMS users that are listed as contacts in a filing may designate a payor in instances when a person does not have a need to access the rest of the information contained in the CMS portal in connection with the filing of a notice.  Contacts listed in a notice filing who are not designated as “Payors” may also submit the filing fee.