Workshop A — Ask a CFIUS Member: Your Guide to FAQ, Process, Timelines and Whether to File – or Not

Zack Hadžismajlović
Partner, Head of Global Trade Group
McCarter & English LLP

Chase D. Kaniecki
Partner
Cleary Gottlieb Steen & Hamilton LLP
Registration opens at 8:00 a.m.
What is the Committee for Foreign Investment in the United States (CFIUS)? Designed for professionals who are new to this nuanced national security sector or seeking a refresher, this introductory session will discuss the basic regulatory standard necessary for a CFIUS filing. Delegates will gain an understanding of the national security reasons for CFIUS filings, the scrutiny given to filings, as well as the timelines for processing a filing. Topics will include:
Part One: CFIUS Process
- What are the guidelines for the CFIUS review process
- What should companies do before an NSA, monitorship
- Clarifying the grey areas
- Navigating non-notified transactions
Part Two: Requirements for Filings, Compliance and Mitigation
- What you need to do for representations and statements – how to do it right
- Obligations with national security agreements
- What to do when you realize you submitted something with a wrong statement – using wrong information – how to submit making corrections
- Getting the right forms and the right check lists, for making a notice and a declaration
Part Three: Real-World Examples and FAQs
- The types of questions CFIUS is likely to ask, why it is asking, and why the question might be asked more than once