CFIUS is committed to protecting the confidentiality of information submitted to the Committee. These protections are grounded in section 721 of the Defense Production Act of 1950, as amended, and implemented in CFIUS regulations.
Statutory Confidentiality Protections
Section 721 prohibits public disclosure of information filed with CFIUS, subject to limited legal exceptions. Information submitted in notices, declarations, and related correspondence is treated as non-public and shared only as necessary for authorized government purposes.
FOIA and Disclosure Limits
Information and documentary material filed with CFIUS are generally exempt from disclosure under the Freedom of Information Act (FOIA), consistent with section 721 confidentiality requirements.
CFIUS generally does not publicly confirm or deny whether a transaction has been filed, reviewed, or discussed with the Committee.
Handling Sensitive Information
Parties should ensure that submissions are complete and accurate, and clearly identify any material that is sensitive, proprietary, or otherwise restricted. CFIUS may share information among member agencies and other authorized government entities as permitted by law to support national security review and enforcement activities.