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How to Respond to a CFIUS Notice or Request for More Information

The communication controls what is due and when. Learn how to triage a CFIUS request, organize evidence, confirm the response method, and distinguish request deadlines from review timelines.
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Start with the communication itself: identify exactly what CFIUS is asking for, who issued it, the stated deadline, and the required response method. There is no universal deadline or response format for every CFIUS request. Confirm any ambiguity with the case contact, and have counsel familiar with CFIUS practice coordinate a complete, accurate response.

First, identify what kind of CFIUS communication you received

Do not assume every follow-up is a formal notice deficiency. Read the communication to determine whether it raises a notice-completeness issue, requests additional information, proposes mitigation terms, or addresses another procedural matter. The response steps and any applicable time limit depend on what the communication says.

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Record the issuing office or named case contact, each question and requested document, any due date and time, the delivery channel, and any formatting or certification instructions. If any of those details are unclear, ask the case contact to confirm them rather than inferring them from general CFIUS timelines.

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How to prepare a response to a CFIUS information request

  1. Break the request into individual items. Preserve the wording of each question and list every requested document, explanation, or certification separately. Note any stated deadline and delivery instructions beside each item.
  2. Assign an owner and evidence source. For each item, identify the business or legal owner who can provide the facts and the underlying records that support the answer. Track assumptions, missing information, and any facts that need confirmation.
  3. Check consistency against the filing record. Reconcile entity names, ownership, transaction structure, business descriptions, U.S. locations, and dates with the notice and related submissions. If an answer corrects or supplements earlier information, make the change clear and ensure the record is consistent.
  4. Draft focused, supported answers. Answer the question asked, identify relevant supporting material, and avoid boilerplate or unsupported conclusions. Check every factual statement and certification before submission.
  5. Confirm the route for this response. Follow the communication’s instructions and verify the delivery method with the case contact when needed. Treasury says its Case Management System (CMS) must be used for draft or formal written notices and declarations under 31 C.F.R. parts 800 and 802; that does not establish that every follow-up response must be submitted through CMS.

What information might CFIUS ask for—or find missing?

The specific questions depend on the matter. Treasury’s FAQ identifies several recurring completeness problems: unclear descriptions of a party’s business lines or the transaction, missing information about U.S. locations, and deficient certifications. These are useful areas to check when reviewing a notice or preparing a correction, but they do not mean every follow-up request is a notice-completeness issue.

Treasury also identifies context that may facilitate review even when it is not required for completeness. Consider whether transaction-specific information is relevant about:

  • Cyber systems or services.
  • Natural-resource activities, energy production, or energy transport.
  • Other national-security regulatory regimes, including ITAR, EAR, or NISPOM.
  • The transaction’s rationale.

Include this material when it is responsive or genuinely useful to understanding the transaction. Keep it accurate and specific to the parties and deal rather than adding generic descriptions.

What is the deadline to respond to CFIUS?

The deadline for a particular request must be taken from that communication or confirmed with the case contact. General CFIUS review timelines do not tell you when your answer is due. Calendar the stated date and time, clarify any uncertainty promptly, and contact the case team about an extension if you cannot meet the stated period.

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Do not confuse a request deadline with the voluntary-notice review clock

For a voluntary notice, Treasury says Day 1 of the review period is the date the Staff Chairperson accepts the notice—not the date it is submitted. Acceptance follows checks for regulatory compliance, payment or waiver of the filing fee, and circulation of the notice to Committee members. The interval between submission and acceptance depends on the notice and whether a draft was submitted. This review clock is separate from a deadline to answer a case-specific request.

Treasury’s FAQ describes a maximum 45-day review period after FIRRMA, with an investigation beginning no later than the end of that period if one is needed. That is general process context, not a 45-day response allowance for an individual information request.

If CFIUS proposes mitigation terms, treat the response period separately

A proposed mitigation term is different from an ordinary request for more information. Under Treasury’s November 2024 final rule, effective December 26, 2024, the Staff Chairperson may set a period of at least three business days for a substantive response to proposed mitigation terms, including revisions. This is not a universal deadline for CFIUS communications.

If the Staff Chairperson sets a period, calendar it immediately and coordinate a substantive response with counsel. If more time is needed, an extension may be requested. Failure to respond substantively within an imposed period can be a basis for rejecting an accepted voluntary notice.

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Use the correct submission channel and keep a record

Treasury identifies CMS as the required portal for draft or formal written notices and declarations under parts 800 and 802. Confirm the instructions that apply to the specific response you are preparing; do not assume the filing portal is also the route for every later communication.

Retain the final response, supporting records, certifications, and evidence of delivery. Treasury’s 2024 rule also expanded certain information-request, subpoena, and enforcement authorities. That makes careful factual review important: coordinate corrections and supplements across the filing record, and have appropriate transaction counsel review the response.

Check Treasury’s current process guidance

In 2026, Treasury announced refreshed CFIUS process guidance addressing filing considerations, common sources of delay, frequently requested information, and organizational charts. Check Treasury’s current process materials while preparing a matter, while relying on the communication and case contact for the instructions that apply to your case.

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