Page 55 - The CFIUS Book
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At any time during the review, CFIUS staff may ask questions of the parties, or request additional information. There is a strict rule requiring the parties to provide the information requested within three business days. If you do not submit information timely, the Committee may reject your entire notice.47 If the parties submit a request for additional time in writing, the Staff Chair may (but is not required to) grant that request.48
3.2.3. Final Certification
Similar to the certification discussed in Section 2.6.2, CFIUS requires that the parties provide a second certification near the end of its review. That certification states that the information the parties submitted during the 45-day review or the 45-day investigation (e.g., responses to follow-up questions or updated documents) are true and correct to the best of the parties’ knowledge. The request is not an indication of the result of the review, but if CFIUS does not request the certification toward the end of the 30-day review period, there is a heightened chance that your review will be going into a 45-day investigation.
3.2.4. Safe Harbor
If the Committee determines not to undertake an 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.49 In that case, the Department of Treasury sends the parties written notice that no investigation will be conducted, andtheCFIUSprocessisconcluded.50 Anydeterminationthattherearenounresolved national security concerns must be certified to Congress.51 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.52

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