Page 45 - The CFIUS Book

2.5. Filing Your Draft Notice
The revision of CFIUS rules in 2008
formalized the process of submitting a
draft notice and consulting with
CFIUS staff before filing the formal
notice.30 In practice, that generally SUBmIT. means parties prepare what they
THE CFIUS BOOK
THInK OF THE draFT nOTICE aS a FInal and COmplETE draFT, nOT JUST an OUTlInE OF THE maTErIalS yOU plan TO
deem to be a near-final notice, provide it to CFIUS, await CFIUS feedback on additional items to include, points to clarify, or other detailed comments. Then the parties may make the requested additions and revisions and be more confident that their final notice submission will be accepted for review and not be returned as incomplete. Under FIRRMA, CFIUS has a deadline of 10 business days to review your draft submission.
2.5.1. Template for responses
There is no official form or template
that CFIUS requires for submissions.
Of course, your humble authors, and
most CFIUS counsel, will have a form
they use. However, whatever form
you use, it should closely follow the regulations listed in §800.402 and make clear that you are responding to every request made in that regulation. State the request, then state your answer. If one of the information requests does not apply to your transaction, state that it does not apply and, if possible, why it does not apply to your transaction.
wHaTEvEr FOrmaT yOU USE, BE CErTaIn IT IS ClEar yOU arE rESpOndIng TO EvEry qUESTIOn In SECTIOn 800.402.
45
l