Page 49 - The CFIUS Book

Staff Chairperson32
Committee on Foreign Investment in the United States Office of Investment Security
department of Treasury
1500 pennsylvania avenue, n.w., room 5221 washington, dC 20220
As we noted in Section 2.4.1 Point 5, PII should be secured, so you should separate the hard copy PII in its own clearly-marked envelope. Similarly, you should email a separate file of the electronic PII and secure that document by password or security key encryption. You should then provide the Committee with the password or key under separate cover.
2.6.2. Final Notice Certifications
CFIUS requires that a certification accompanies your final submission stating that the information submitted is true and correct. A template certification is available on the CFIUS website.33 We recommend that you prepare the persons who will sign for the respective transaction parties well in advance of the final submission. They may sign at the appropriate time, but you will want to make sure they have not dashed out of town for a last-minute business trip. Take the time to lay the groundwork for task early on so that you are not scrambling close to submission of the notice; you’ll thank yourself (and maybe us, too). Additionally, you should give yourself time to review both the hard copy and digital filings before submitting your final CFIUS notice so that you are confident it is accurate and complete.
Separately, as noted in Section 3.2.3 below, there is an additional certification required at the end of the process. You should prepare similarly for that process by ensuring that the certifying officer will be available when needed.
THE CFIUS BOOK
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