LinkedInFacebookInstagramXYouTube
305-456-3830|info@diaztradelaw.com

U.S. Department of Treasury

Call 305-456-3830 or email info@diaztradelaw.com.

Treasury’s First Outbound Investment Penalty: $200,000 Against Amidi LLC 

On October 7, 2026, the U.S. Department of the Treasury announced the first civil penalty issued under its Outbound Investment Security Program (OISP): $200,000 against Amidi LLC, the U.S. parent company of the organization known as Plug and Play Tech Center, for failing to notify Treasury of an investment its Chinese fund subsidiary made in a Chinese embodied artificial intelligence company. 

The underlying investment was approximately $92,478. U.S. investors, venture funds, accelerators, and corporates with offshore investment vehicles should take note: the notification obligation reaches transactions by a U.S. person’s controlled foreign entities, and Treasury has now penalized a missed filing on a small deal. 

Key Takeaways 

  • Treasury imposed a $200,000 civil penalty on Amidi LLC for failing to notify Treasury of an investment of approximately $92,478 in a Chinese AI and robotics company. 
  • The investment was made by Amidi’s Chinese fund subsidiary. The OISP regulations require a U.S. person to notify Treasury of a notifiable transaction by its controlled foreign entity. 
  • The current rules contain no general de minimis threshold for notification, and the existing regulations at 31 CFR Part 850 remain in effect while Treasury implements the COINS Act. 

What Happened 

On April 19, 2025, a Chinese fund owned by Amidi invested approximately $92,478 in Shanghai Qiongche Intelligent Technology Company Limited (Noematrix), […]

By |2026-10-09T11:26:45-04:00October 9, 2026|U.S. Department of Treasury|0 Comments
Read More

White House Releases National Security Science & Technology Strategy: What It Signals for CFIUS, Outbound Investment, and Export Controls 

As mandated by Section 10612 of the CHIPS and Science Act, the White House Office of Science and Technology Policy (OSTP) issued the National Security Science and Technology Strategy (NSSTS), which implements the S&T priorities of the 2025 National Security Strategy. While framed as a technology strategy, the NSSTS previews concrete near-term action on CFIUS, outbound investment, export controls, and federal research security — direct touchpoints for clients in cross-border investment, controlled technology, and federally funded R&D. 

Key Takeaways 

  • CFIUS’ scope is set to expand. The Administration will seek authority, in consultation with Congress, to monitor high-risk “greenfield” investments and to expand CFIUS’s critical-technology jurisdiction, while continuing to calibrate scrutiny to an investor’s “verifiable distance” from adversary-linked actors under the America First Investment Policy’s allied fast-track approach. 
  • Outbound investment restrictions will broaden. Treasury will refine and likely expand the Outbound Investment Security Program (Comprehensive Outbound Investment National Security Act of 2025) beyond its current scope – AI, quantum, semiconductors, supercomputers, and hypersonics – to reach additional sectors implicated by China’s military-civil fusion strategy. Although the current NSSTS did not reference other countries by name, the strategy will likely be implemented in a way that circumvents particular investments in Hong Kong, Macau, Cuba, Iran, Russia, Iran, and North Korea – in line with President Trump’s “America-first investment policy,” published in February 2025. 
  • Export controls: deregulation and new restrictions in parallel. BIS is streamlining select controls (e.g., a […]
By |2026-09-03T12:14:42-04:00September 3, 2026|CFIUS, EAR, Export, U.S. Bureau of Industry and Security (BIS), U.S. Department of Treasury, Uncategorized|0 Comments
Read More

CFIUS Annual Report to Congress, CY 2025: What It Means for Your Next Cross-Border Deal 

The Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) has released its Annual Report to Congress for calendar year 2025 — marking the Committee’s 50th year of operation. The Report confirms that CFIUS remains an active and increasingly assertive gatekeeper for foreign investment in the United States, even as the Committee absorbed significant operational disruption in 2025 from lapses in federal appropriations that tolled statutory deadlines for more than 120 days over the course of the year. 

This alert distills the CY 2025 Report — and the Committee’s own year-over-year comparisons — into the trends most relevant to companies and investors planning transactions that may fall within CFIUS jurisdiction. Two developments stand out. First, the President issued prohibition and forced-divestment orders of a U.S. business in two transactions in 2025, continuing a pattern (also seen in 2024) that had been dormant since 2020; this is CFIUS’s most severe remedy, and its reappearance in back-to-back years is a meaningful signal for deals in sensitive sectors. Second, and directly relevant to parties that conclude a transaction does not warrant a voluntary filing, CFIUS’s non-notified transaction program continued to convert unfiled deals into mandatory filing demands — formally requiring nine parties to submit a declaration or notice in 2025 after Treasury investigated 90 potential non-notified transactions and opened 62 official inquiries. 

Below, we summarize the key figures from the CY 2025 Report to help clients calibrate risk, timing, and filing strategy. 

By |2026-08-24T10:53:23-04:00August 24, 2026|CFIUS, U.S. Department of Treasury, Uncategorized|0 Comments
Read More

CFIUS is Looking to Fast Track Some Transactions… Could this Program Benefit You? 

Authors:
Jennifer Diaz, President, Diaz Trade Law
Amber Pirson, Attorney, Diaz Trade Law

On February 6, 2026, the U.S. Department of the Treasury formally issued a Request for Information (RFI) that outlines how a “Known Investor Program” could streamline aspects of CFIUS review for trusted, lower‑risk repeat investors while maintaining rigorous national‑security analysis. The RFI was published in the Federal Register on February 9, 2026, and opened for public comment through March 18, 2026. This RFI follows Treasury’s May 8, 2025 announcement of a fast‑track pilot and “Known Investor” portal under CFIUS to collect investor information in advance of a filing—the core mechanism Treasury says will drive efficiency gains. In parallel, Treasury’s CFIUS overview reiterates the standard timelines, underscoring that any new efficiency program must still fit within the existing statutory framework. 

What is the Fast Track program?  

According to Treasury’s RFI, the KIP is a process by which CFIUS would pre‑collect a standardized set of information from eligible foreign investors (via a questionnaire and certification) before any specific transaction filing, with the goal of more efficient subsequent reviews. Importantly, Treasury stresses that participation does not guarantee a particular outcome and does not alter CFIUS jurisdiction or statutory procedures. 

Who is eligible to participate?  

Treasury’s RFI proposes objective eligibility criteria. Highlights include: 

  • Repeat‑filer threshold: The foreign investor (inclusive of subsidiaries) must have filed ≥3 covered transactions or covered real‑estate transactions with CFIUS in the […]
By |2026-03-30T20:08:22-04:00March 29, 2026|CFIUS, U.S. Department of Treasury|0 Comments
Read More

Non-notified Transactions Raising Red Flags for CFIUS 

Authors:
Jennifer Diaz, President, Diaz Trade Law
Amber Pirson, Attorney, Diaz Trade Law

Even when a transaction does not trigger a mandatory filing, Committee on Foreign Investment in the United States (CFIUS) risk does not disappear. While the regime remains technically “voluntary” in many cases, Treasury’s increasingly active non-notified program means that deals can still be reviewed, and potentially unwound, long after closing. As a result, parties must weigh the benefits of filing against the risk of future scrutiny, particularly in sensitive sectors or with higher-risk investors.  

What counts as “voluntary”  

Given the breadth of CFIUS’ jurisdiction to review transactions between US and non-US entities where the latter’s investment implicates U.S. national security, if a deal is not a “covered transaction” (no foreign‑government substantial interest in a TID U.S. business; no critical technology), the filing decision is voluntary, but not risk‑free. CFIUS runs a vigorous non‑notified program that screens thousands of transactions annually and can request (or require) a filing post‑closing. 

Why file voluntarily anyway?

A voluntary filing can deliver “safe harbor” (limiting CFIUS’ ability to initiate a review of the transaction in the future), reduce the risk of a disruptive post‑closing inquiry, and preserve options if a customer or government counterparties expect CFIUS clearance in sensitive sectors (e.g., defense supply chain, advanced computing and AI, biosecurity, or large‑scale personal‑data platforms). 

A practical playbook to reduce CFIUS risk and avoid being flagged 

1) Review the risks of your investor profile and structure. 

Confirm “excepted investor/state” […]

By |2026-03-30T20:08:05-04:00March 29, 2026|CFIUS, U.S. Department of Treasury|0 Comments
Read More
This website uses cookies and third party services. By continuing to use our website, you agree to the Privacy Policy. OK
Skip to content
Go to Top