Agency Information Collection Activities; Proposed Collection; Comment Request; Provisions Pertaining to Certain Investments in the United States by Foreign Persons and Provisions Pertaining to Certain Transactions by Foreign Persons Involving Real Estate in the United States

Published date15 June 2020
Citation85 FR 36261
Record Number2020-12861
SectionNotices
CourtTreasury Department
Federal Register, Volume 85 Issue 115 (Monday, June 15, 2020)
[Federal Register Volume 85, Number 115 (Monday, June 15, 2020)]
                [Notices]
                [Pages 36261-36262]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-12861]
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                DEPARTMENT OF THE TREASURY
                Agency Information Collection Activities; Proposed Collection;
                Comment Request; Provisions Pertaining to Certain Investments in the
                United States by Foreign Persons and Provisions Pertaining to Certain
                Transactions by Foreign Persons Involving Real Estate in the United
                States
                AGENCY: Departmental Offices, U.S. Department of the Treasury.
                ACTION: Notice.
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                SUMMARY: The Department of the Treasury, as part of its continuing
                effort to reduce paperwork and respondent burden, invites the general
                public and other federal agencies to comment on the proposed
                information collections listed below, in accordance with the Paperwork
                Reduction Act of 1995.
                DATES: Written comments must be received on or before August 14, 2020.
                ADDRESSES: Send comments regarding the burden estimate, or any other
                aspect of the information collection, including
                [[Page 36262]]
                suggestions for reducing the burden, to Treasury PRA Clearance Officer,
                1750 Pennsylvania Ave. NW, Suite 8100, Washington, DC 20220, or email
                at [email protected].
                FOR FURTHER INFORMATION CONTACT: Copies of the submissions may be
                obtained from Meena Sharma or Andrew Fair by emailing
                [email protected], calling (202) 622-1860, or viewing the entire
                information collection request at www.reginfo.gov.
                SUPPLEMENTARY INFORMATION:
                 Title: Provisions Pertaining to Certain Investments in the United
                States by Foreign Persons and Provisions Pertaining to Certain
                Transactions by Foreign Persons Involving Real Estate in the United
                States.
                 OMB Control Number: 1505-0121.
                 Type of Review: Extension without change of a currently approved
                collection.
                 Description: Section 721 of the Defense Production Act of 1950, as
                amended (section 721), provides the President, acting through the
                Committee on Foreign Investment in the United States (CFIUS or the
                Committee), authority to review certain foreign investments in the
                United States in order to determine the effects of those transactions
                on the national security of the United States. In August 2018, section
                721 was amended by the Foreign Investment Risk Review Modernization Act
                of 2018 (FIRRMA), Subtitle A of Title XVII, Public Law 115-232, 132
                Stat. 2173 (Aug. 13, 2018). FIRRMA maintains CFIUS's jurisdiction over
                any merger, acquisition, or takeover that could result in foreign
                control of any U.S. business, and broadens the authorities of the
                President and CFIUS under section 721 to review and take action to
                address any national security concerns arising from certain non-
                controlling investments and certain real estate transactions involving
                foreign persons.
                 Executive Order 13456, 73 FR 4677 (Jan. 23, 2008), directs the
                Secretary of the Treasury to issue regulations implementing section
                721. Most recently, on January 17, 2020, the Department of the Treasury
                issued final regulations (85 FR 3112 and 85 FR 3158) implementing
                FIRRMA, including information collections related to notices and
                declarations filed with or submitted to the Committee regarding
                transactions that could result in foreign control of a U.S. business,
                certain non-controlling investments and certain real estate
                transactions involving foreign persons.
                 In May 2020, the Department of the Treasury launched a new CFIUS
                Case Management System, featuring an online public portal for external
                parties to submit declarations and file notices with CFIUS in a
                standard form. As of June 1, 2020 use of this online system is now
                mandatory for all CFIUS submissions and filings. The only substantive
                change related to the information required in order for CFIUS to review
                a declaration or notice is the requirement that parties use the new
                online public portal to submit declarations and file notices, instead
                of by email.
                 Form: None.
                 Affected Public: Individuals and entities.
                 Estimated Number of Respondents: 1,100.
                 Frequency of Response: On occasion.
                 Estimated Total Number of Annual Responses: 1,100.
                 Estimated Time per Response: Varies from 15-20 hours per
                declaration and 116-130 hours per notice.
                 Estimated Total Annual Burden Hours: 57,400.
                 Request for Comments: Comments submitted in response to this notice
                will be summarized and included in the request for Office of Management
                and Budget approval. All comments will become a matter of public
                record. Comments are invited on: (a) Whether the collection of
                information is necessary for the proper performance of the functions of
                the agency, including whether the information shall have practical
                utility; (b) the accuracy of the agency's estimate of the burden of the
                collection of information; (c) ways to enhance the quality, utility,
                and clarity of the information to be collected; (d) ways to minimize
                the burden of the collection of information on respondents, including
                through the use of technology; and (e) estimates of capital or start-up
                costs and costs of operation, maintenance, and purchase of services
                required to provide information.
                 Authority: 44 U.S.C. 3501 et seq.
                 Dated: June 10, 2020.
                Andrew Fair,
                Deputy Director, Investment Reviews and Investigations.
                [FR Doc. 2020-12861 Filed 6-12-20; 8:45 am]
                 BILLING CODE 4810-25-P
                

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