Page 58 - The CFIUS Book

THE CFIUS BOOK
mitigation measures, or refer the transaction to the President, that action must be founded on a risk-based analysis, including an assessment of the threat, vulnerabilities, and consequences to national security related to the transaction.
CFIUS may, at any time during the review or investigation, complete the action of the Committee and refer the transaction to the President for any of the following:57
1. The Committee recommends that the President suspend or prohibit the transaction;
2. The members of the Committee are unable to reach a decision on whether to recommend that the President suspend or prohibit the transaction; or
3. TheCommitteerequeststhatthePresidentmakeadeterminationwithregard to the transaction (in which case, the CFIUS Chair must set forth in writing the differing views of the Committee and present the issues for the President’s decision).
3.3.4. Safe Harbor (again)
If the Committee determines to close the investigation, the CFIUS process is concluded. CFIUS concludes action on a covered transaction where it has determined that there are no unresolved national security concerns.58 That determination requires sign-off from the level of Deputy Secretary or above in a CFIUS agency59 Any determination that there are no unresolved national security concerns must be certified to Congress.60 In that case, the Department of Treasury sends the parties written notice that the CFIUS process is concluded.61 Once the parties receive that notice, the transaction may not be mitigated, blocked, or divested by CFIUS or the President unless they determine that the determination was based on false or misleading statements in the CFIUS notice.62
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