U.S. Department of the Treasury

Beginning on August 9, 2020, filing fees must be submitted through Pay.gov via the CMS portal.  The CFIUS Filing Fees page contains information on filing fees and submission instructions.  In addition, the CMS User Guide on the CMS page and the Payment Instructions document contain detailed information on how to submit a filing fee through the CMS portal.  Because filing fees are submitted directly through the CMS portal, users do not need to include a receipt with their formal filing; however, CFIUS recommends that users retain a copy of the receipt for recordkeeping purposes.  CFIUS cannot accept a formal written notice until it has received the filing fee payment.

Yes.  Parties should submit draft notices through the CMS portal.  Submission of a draft notice aids the Committee’s understanding of the transaction and provides an opportunity for the Committee to request additional information to be included in the notice, if necessary.

Parties will receive an information request from CFIUS via an email from Treasury staff, sent via the CMS.  To make requested edits to a filing please return to the CMS portal and edit your submission there.  To submit responses to other requests for information, simply reply to the email from the CMS.  If you wish to reply confidentially, remove the individuals from the cc line that you do not wish to share your response with.

Please first read the User Guide located here.  If the User Guide does not address your issue, or if you are encountering technical issues, contact CFIUS.itsupport@treasury.gov.  For technical issues related to ID.me, click here.  For questions about the CFIUS process as it relates to the CMS or to provide feedback regarding the CMS, contact CFIUS.cms@treasury.gov.

After submitting information through the CMS, you will receive a confirmation email.  Active cases will also display on the dashboard module for easier management and additional submission confirmation.

CFIUS implemented the CMS to allow parties to submit all transaction-related information through a single portal in a standard and secure manner.  As of June 1, 2020, the CMS must be used to file any written notice or any declaration pursuant to 31 C.F.R. part 800 or 31 C.F.R. part 802.

No.  The transactions described in the regulations on real estate are not subject to a mandatory declaration requirement.  As a general matter, parties to a covered real estate transaction will decide whether to file a notice or submit a declaration to CFIUS.

In addition to the CFIUS Part 802 Geographic Reference Tool referenced above, information on urbanized areas and urban clusters can be found on the Census Bureau Website, including though a Web-based system, TIGERweb, which allows users to select features such as urbanized areas and urban clusters, and view such attributes on a map.

No, in certain locations, real estate transactions in urbanized areas are within the scope of the regulations.  Specifically, transactions involving real estate that is in “close proximity” (one mile) to a military installation listed in part 1 or part 2 of appendix A to part 802 is covered, as is real estate that is, is located within, or will function as part of a “covered port.”

FIRRMA excludes from CFIUS’s jurisdiction the purchase or lease by, or concession to, a foreign person of a single “housing unit,” as defined by the Census Bureau.  Given that many single housing units are conveyed with adjoining land, the regulations on real estate also exclude any fixtures and adjacent land but only to the extent they are incidental to the intended use of the real estate as a housing unit.  Fixtures and land may be considered incidental if their size and nature is common for similar single housing units in the locality in which the unit is located.  If the incidental fixtures or land is not common for other similar housing units in the locality, the exception would apply only to the housing unit itself.