Regulations Pertaining to Mergers, Acquisitions and Takeovers by Foreign Persons

Forms and Documents

Document Name	Status
Form CFIUS Real Estate Declarations of Covered Real Estate Transactions Form	New
Form CFIUS Declaration Declarations of Covered Transactions Form	Modified
1505-0121 SS CFIUS Proposed Rules 2019-09-24.docx Supporting Statement A	2019-09-25

IC Document Collections

IC ID	Document Title	Status
43825	Notices of Covered Transactions	Modified
237869	Declarations of Covered Real Estate Transactions Form	New
237868	Notices of Covered Real Estate Transactions	New
233482	Declarations of Covered Transactions Form	Modified

ICR Details

OMB Control No: 1505-0121	ICR Reference No: 201909-1505-003
Status: Historical Inactive	Previous ICR Reference No: 201810-1505-001
Agency/Subagency: TREAS/DO	Agency Tracking No:
Title: Regulations Pertaining to Mergers, Acquisitions and Takeovers by Foreign Persons
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Preapproved	Conclusion Date: 01/16/2020
	Date Received in OIRA: 09/25/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2023	36 Months From Approved	11/30/2021
Responses	1,100	0	380
Time Burden (Hours)	57,400	0	20,080
Cost Burden (Dollars)	0	0	0

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Abstract: Treasury disseminates to other agencies that are members of the Committee on Foreign Investment in the United States information collected under the regulations from parties involved in a foreign acquisition of a U.S. company in order to do a national security analysis of the acquisition.

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Authorizing Statute(s): PL: Pub.L. 100 - 49 721 Name of Law: Foreign Investment and National Security Act of 2007
   PL: Pub.L. 115 - 232 Subtitle A Name of Law: Foreign Investment Risk Review Modernization Act of 2018
  

Citations for New Statutory Requirements: PL: Pub.L. 115 - 232 Subtitle A Name of Law: the Foreign Investment Risk Review Modernization Act of 2018

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1505-AC64	Proposed rulemaking	84 FR 50174	09/24/2019

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Notices of Covered Real Estate Transactions
Declarations of Covered Real Estate Transactions	CFIUS Real Estate Declaration Form	Declaration Submission Form for Real Estate Transactions Under 31 C.F.R. Part 802
Notices of Covered Transactions
Declarations of Covered Transactions	CFIUS Declaration Form	Declaration Submission Form for Covered Control Transactions and Covered Investments Under 31 C.F.R. Part 800

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,100	380	720	0	0	0
Annual Time Burden (Hours)	57,400	20,080	37,320	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Due to the uncertainty in how many more notices and declarations will be submitted as a result of these proposed rules, the Department of the Treasury is estimating that the number of respondents will increase from the previously-approved information collections for notices under part 800 and from the estimated number of declarations for the Pilot Program Interim Rule. The estimated number of burden hours increased by 37,320 hours, primarily due to the addition of covered investments and covered real estate transactions, which were not subject to CFIUS jurisdiction previously. The Department of the Treasury also estimates an increase in the cost to the Federal Government in Item 14, due to the expected increase in the number of FTEs working on CFIUS matters.

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Annual Cost to Federal Government: $25,900,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/25/2019

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