[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Notices]
[Page 66220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23803]


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DEPARTMENT OF THE TREASURY

Office of Investment Security


Notice of Availability of Committee on Foreign Investment in the 
United States Enforcement and Penalty Guidelines

AGENCY: Office of Investment Security, Department of the Treasury.

ACTION: Notice of availability.

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SUMMARY: By this Notice, the Department of the Treasury (Treasury 
Department), announces the availability of the Committee on Foreign 
Investment in the United States (CFIUS) Enforcement and Penalty 
Guidelines. These guidelines provide the public with a summary of 
CFIUS's practice regarding penalties and other remedies for violations 
of section 721 of the Defense Production Act of 1950 as amended 
(Section 721), the regulations promulgated thereunder, or mitigation 
agreements, conditions, or orders pursuant thereto (Violations).

ADDRESSES: The CFIUS Enforcement and Penalty Guidelines text is 
available on the CFIUS section of the Treasury Department's website at 
https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius/cfius-enforcement-and-penalty-guidelines.

FOR FURTHER INFORMATION CONTACT: David Shogren, Acting Director for 
Monitoring and Enforcement, Office of Investment Security; Jesse J. 
Sucher, Deputy Director for Monitoring and Enforcement, Office of 
Investment Security, (202) 622-1860.

SUPPLEMENTARY INFORMATION: Section 721 (codified at 50 U.S.C. 4565) 
authorizes CFIUS to impose monetary penalties and seek other remedies 
for Violations. See, e.g., Section 721(h), (l). The Treasury Department 
has issued final rules implementing this authority. E.g., 31 CFR 
800.901, 800.902, 801.409, 802.901, and 802.902. The CFIUS Enforcement 
and Penalty Guidelines provide the public with CFIUS's practice 
regarding penalties and other remedies for Violations.
    The CFIUS Enforcement and Penalty Guidelines are not binding on 
CFIUS or the public. These guidelines are not intended to, do not, and 
may not be relied upon to create any right or benefit, substantive or 
procedural, enforceable at law by any party in any administrative, 
civil, or criminal matter. They may be updated as circumstances 
require. To the extent of any inconsistency between Section 721 or the 
regulations at chapter VIII of title 31 of the Code of Federal 
Regulations, on the one hand, and the CFIUS Enforcement and Penalty 
Guidelines, on the other, Section 721 and the regulations prevail.
    The text of the CFIUS Enforcement Guidelines is available in its 
entirety on the CFIUS section of the Treasury Department's website at 
https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius/cfius-enforcement-and-penalty-guidelines.

Paul M. Rosen,
Assistant Secretary of the Treasury for Investment Security.
[FR Doc. 2022-23803 Filed 11-1-22; 8:45 am]
BILLING CODE 4810- AK-P