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Treasury requests public comment on CFIUS Known Investor Program and review-process streamlining

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Key takeaways

  • Treasury, as chair of CFIUS, issued a Request for Information (RFI) on February 6, 2026, seeking public input.
  • The RFI focuses on the CFIUS Known Investor Program and potential streamlining of the foreign investment review process while maintaining national security analysis.
  • The Known Investor Program — announced in May 2025 and under development — would collect information from participating foreign investors before a formal filing to increase due-diligence efficiency.
  • Treasury said the enhancements aim to facilitate greater investment from allies and partners and cited President Trump’s America First Investment Policy as context.
  • The RFI invites broad stakeholder input on case reviews, non-notified transactions, mitigation, monitoring, and enforcement.
  • The public comment period is open to any interested stakeholder and closes on March 18, 2026.
  • Treasury directs readers to https://www.cfius.gov/ for more information.

Follow Up Questions

What is CFIUS and which federal agencies participate on the committee?Expand

CFIUS (Committee on Foreign Investment in the United States) is an interagency U.S. government committee that reviews foreign investments for national‑security risks. It operates under section 721 of the Defense Production Act (and FIRRMA) and is chaired by the Secretary of the Treasury. Its nine voting member agencies typically are: Treasury (chair), State, Defense, Justice, Commerce, Energy, and Homeland Security, plus the Office of the U.S. Trade Representative and the Office of Science and Technology Policy; the Office of the Director of National Intelligence and the Department of Labor serve as ex‑officio/non‑voting members (other agencies/staff also participate as needed).

What exactly is the Known Investor Program and how would it differ from submitting a formal CFIUS filing?Expand

The Known Investor Program (KIP) is a Treasury/CFIUS effort to collect information from eligible foreign investors in advance of a transaction notice so CFIUS can do more upfront due diligence and increase process efficiency. It is a pre‑filing ‘known investor’ registration/pre‑vetting step and a pilot is underway; KIP does not replace or change CFIUS’s statutory jurisdiction or the requirement to submit formal notices/declarations when required — parties still must file a formal CFIUS notice or complete a declaration under the regulations for covered transactions.

What is a Request for Information (RFI) and what happens after the comment period ends?Expand

An RFI (Request for Information) is an official solicitation inviting public comments and data to inform agency policy development. After the comment period closes, the agency reviews submissions, analyzes public input, may revise program design or draft rules, and may issue further guidance, pilot changes, proposed rules, or a final rule depending on next steps and statutory requirements.

How might efforts to "streamline" the CFIUS process change the timeline or depth of national security reviews?Expand

‘Streamlining’ could shorten administrative steps and improve pre‑filing triage (for example via KIP pre‑vetting or case‑management improvements), which may reduce overall calendar time for routine cases; but CFIUS says it will keep its rigorous national‑security analysis and the statutory review phases (notice/assessment/investigation) remain available — streamlining may speed process for lower‑risk transactions but would not eliminate in‑depth reviews when national‑security risks are identified.

Who should submit comments to this RFI — which types of stakeholders or businesses?Expand

CFIUS invites broad stakeholder input. Likely commenters include foreign investors and investment funds (especially from allied/partner countries), U.S. target companies, corporate counsel and deal advisers, trade and industry groups, national‑security and civil‑liberties advocates, compliance/third‑party monitoring firms, and academic or policy researchers — essentially any party with an interest in foreign investment review processes.

What specific information would CFIUS seek from investors who participate in the Known Investor Program?Expand

Treasury says KIP would collect information from participating/eligible foreign investors before a formal filing to increase due‑diligence efficiency. While details are under development and being piloted, CFIUS has sought input on investor identity, ownership and control structure, investment track record, cybersecurity and compliance practices, previous participation in CFIUS reviews, and other information that would help CFIUS assess investor risk ahead of transaction filings.

What do the terms "non-notified transactions," "mitigation," and "monitoring and enforcement" mean in the context of CFIUS reviews?Expand

In CFIUS context: 'non‑notified transactions' are transactions that occur without a voluntary CFIUS notice (but which CFIUS can still review or investigate if it has jurisdiction); 'mitigation' refers to measures (contractual or operational) negotiated to address identified national‑security risks (e.g., information‑security controls, limits on access or governance); and 'monitoring and enforcement' are the ongoing oversight steps (monitoring compliance with mitigation terms and enforcing them, including penalties or orders for breaches) that ensure parties comply with mitigation agreements.

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