CFIUS Filing Fees: Filing Fees Effective for Transactions Entered Into On or After February 13, 2020

Sullivan & Cromwell LLP - May 1, 2020

On April 28, 2020, the U.S. Department of the Treasury (“Treasury”) issued an interim final rule (the “Rule”) establishing filing fees for parties filing a written notice with the Committee on Foreign Investment in the United States on or after May 1, 2020 with respect to transactions entered into on or after February 13, 2020.  Recognizing the challenges posed by the coronavirus pandemic during the public comment period for the proposed rule, Treasury opted to issue the Rule as an interim final rule and has provided the public until June 1, 2020 to provide additional comments.  The Rule establishes a tiered fee structure based on the value of the transaction, and provides guidance as to how the value of a transaction is to be determined.