22. Department of the Treasury · Minor
Create a transparent CFIUS mitigation monitoring program
Printed page 703 22. Department of the Treasury
“Given these issues, the next steps for CFIUS should be to develop a more coherent—and transparent—mitigation monitoring program to complement the enforcement guidelines, give CFIUS agencies in charge of national security concerns an equal voice at the table, and petition Congress to amend the law to cover Chinese greenfield investments.”
What has happened
- Not started
The administration moved the other way on mitigation. Section 2(g) of the America First Investment Policy memorandum directs that the administration "will cease the use of overly bureaucratic, complex, and open-ended 'mitigation' agreements for United States investments from foreign adversary countries" and that "in general, mitigation agreements should consist of concrete actions that companies can complete within a specific time, rather than perpetual and expensive compliance obligations" — fewer and shorter mitigation agreements, with administrative resources redirected to facilitating allied investment. No coherent, transparent mitigation monitoring program has been developed or published; CFIUS's public pages carry filing instructions, FAQs and the 2022 enforcement and penalty guidelines, and nothing describing a monitoring program.
Research log
What was searched, and what didn’t count as evidence
Research notes
The Quote’s sentence contains three asks and the tracker splits them: a mitigation monitoring program (this item), an equal voice for the national-security agencies (which the extraction folded into #1977’s chairmanship ask) and petitioning Congress on greenfield investments (#1978). Only the third has moved.
Evidence is attached to this not started event under playbook §3b because the record shows action against the ask — a policy of fewer and less open-ended mitigation agreements is the opposite of a program to monitor them more closely.
- Action
- create
- Object
- CFIUS mitigation monitoring program
- ID
- 1975