Analysis

$1M CFIUS Fine Is Rare Public Enforcement Flex

Law360 (April 16, 2019, 4:55 PM EDT) -- The Committee on Foreign Investment in the United States recently revealed a $1 million fine — believed to be the first of its kind — against an unnamed entity for repeatedly running afoul of a mitigation agreement, a rare public rebuke that demonstrates the emphasis being placed on enforcement.

CFIUS, an interagency committee tasked with identifying potential national security concerns with inbound investments, said last week that in 2018 it imposed a $1 million civil monetary penalty on the entity “for repeated breaches” of a 2016 mitigation agreement.

The brief disclosure from the often reticent committee did not offer much detail...

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