While the Guidelines are not legally binding, they signal CFIUS’s clear intent to take an active approach to compliance and enforcement.

On October 20, 2022, the US Department of the Treasury, as Chair of the Committee on Foreign Investment in the United States (CFIUS), released the first-ever CFIUS Enforcement and Penalty Guidelines (the Guidelines). According to the Treasury Department, the Guidelines “provide the public with information about how [CFIUS] assesses violations of the laws and regulations that govern transaction parties, including potential breaches of CFIUS mitigation agreements.”