Certain aspects of my transaction occurred prior to February 13, 2020, according to the applicability rule at 31 C.F.R. §§ 800.104 or 802.104. Do I need to submit information to CFIUS through the CMS?
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.