Notice2022-23803
Notice of Availability of Committee on Foreign Investment in the United States Enforcement and Penalty Guidelines
Primary source
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Published
November 2, 2022
Issuing agencies
Treasury DepartmentInvestment Security Office
Abstract
By this Notice, the Department of the Treasury (Treasury Department), announces the availability of the Committee on Foreign Investment in the United States (CFIUS) Enforcement and Penalty Guidelines. These guidelines provide the public with a summary of CFIUS's practice regarding penalties and other remedies for violations of section 721 of the Defense Production Act of 1950 as amended (Section 721), the regulations promulgated thereunder, or mitigation agreements, conditions, or orders pursuant thereto (Violations).
Full Text
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<title>Federal Register, Volume 87 Issue 211 (Wednesday, November 2, 2022)</title>
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[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Notices]
[Page 66220]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23803]
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DEPARTMENT OF THE TREASURY
Office of Investment Security
Notice of Availability of Committee on Foreign Investment in the
United States Enforcement and Penalty Guidelines
AGENCY: Office of Investment Security, Department of the Treasury.
ACTION: Notice of availability.
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SUMMARY: By this Notice, the Department of the Treasury (Treasury
Department), announces the availability of the Committee on Foreign
Investment in the United States (CFIUS) Enforcement and Penalty
Guidelines. These guidelines provide the public with a summary of
CFIUS's practice regarding penalties and other remedies for violations
of section 721 of the Defense Production Act of 1950 as amended
(Section 721), the regulations promulgated thereunder, or mitigation
agreements, conditions, or orders pursuant thereto (Violations).
ADDRESSES: The CFIUS Enforcement and Penalty Guidelines text is
available on the CFIUS section of the Treasury Department's website at
<a href="https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius/cfius-enforcement-and-penalty-guidelines">https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius/cfius-enforcement-and-penalty-guidelines</a>.
FOR FURTHER INFORMATION CONTACT: David Shogren, Acting Director for
Monitoring and Enforcement, Office of Investment Security; Jesse J.
Sucher, Deputy Director for Monitoring and Enforcement, Office of
Investment Security, (202) 622-1860.
SUPPLEMENTARY INFORMATION: Section 721 (codified at 50 U.S.C. 4565)
authorizes CFIUS to impose monetary penalties and seek other remedies
for Violations. See, e.g., Section 721(h), (l). The Treasury Department
has issued final rules implementing this authority. E.g., 31 CFR
800.901, 800.902, 801.409, 802.901, and 802.902. The CFIUS Enforcement
and Penalty Guidelines provide the public with CFIUS's practice
regarding penalties and other remedies for Violations.
The CFIUS Enforcement and Penalty Guidelines are not binding on
CFIUS or the public. These guidelines are not intended to, do not, and
may not be relied upon to create any right or benefit, substantive or
procedural, enforceable at law by any party in any administrative,
civil, or criminal matter. They may be updated as circumstances
require. To the extent of any inconsistency between Section 721 or the
regulations at chapter VIII of title 31 of the Code of Federal
Regulations, on the one hand, and the CFIUS Enforcement and Penalty
Guidelines, on the other, Section 721 and the regulations prevail.
The text of the CFIUS Enforcement Guidelines is available in its
entirety on the CFIUS section of the Treasury Department's website at
<a href="https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius/cfius-enforcement-and-penalty-guidelines">https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius/cfius-enforcement-and-penalty-guidelines</a>.
Paul M. Rosen,
Assistant Secretary of the Treasury for Investment Security.
[FR Doc. 2022-23803 Filed 11-1-22; 8:45 am]
BILLING CODE 4810- AK-P
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