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.

A filing admin is a user on a filing with permission to add or remove other users on the filing.  A filing admin may add new users either as additional filing admins or as a non-admin user.  

Non-admin users can view all non-restricted uploads and submit the filing but cannot add or remove other users.  The initial creator of a submission will always be a filing admin.

Information saved prior to submission is stored in the CMS web platform hosted by the Department of the Treasury.  However, a CFIUS case officer will not begin review of the information until the draft or formal written notice has been submitted through the CMS.

The CMS accepts Excel, Word, and PDF files.

While certain fields of the web form require data for saving, processing, and submission, in order to streamline the efficiency of the CMS, parties are encouraged to upload Excel files for large spreadsheets.  In addition, parties may upload confidential responses as a separate document and enter “see Exhibit #” in the web form.  However, parties may not simply defer all responses to attachments when submitting a declaration or filing a notice.  Treasury may reject declarations and request the refiling of notices that only reference attachments.

Yes.  The CMS accepts individual files up to 20 megabytes in size.

Documents, such as personal identifier information, that are not to be accessed by other individuals on a filing must be uploaded as a “Restricted Document.”  If you upload a Restricted Document, then the uploader and CFIUS will be the only ones with access to the Restricted Document; no other individuals will be able to see the title of the Restricted Document.