HieFo must certify to CFIUS on a weekly basis that it and its Affiliates are in compliance and describe efforts and timelines until Divestment certification.

Timeline

1. Update · Jan 17, 2026, 11:05 AMcomplete
   The claim is that, under the president’s order on the HieFo–EMCORE transaction, HieFo must certify to CFIUS on a weekly basis that it and its affiliates are in compliance and must describe its divestment efforts and remaining timeline until divestment is certified. The executive order was issued on January 2, 2026, and our follow‑up date of January 16, 2026 falls within the 180‑day divestment window specified in the order. In the controlling legal text, the January 2, 2026 White House executive order “Regarding the Acquisition of Certain Assets of EMCORE Corporation by HieFo Corporation” imposes exactly this obligation. Section 2(h) states that from the date of the order until HieFo provides a divestment certification, “HieFo shall certify to CFIUS on a weekly basis that it and its Affiliates are in compliance with this order and any conditions imposed by CFIUS and shall include a description of efforts to effectuate the Divestment and a timeline for projected completion of remaining actions.” This directly matches the claim’s wording. The U.S. Treasury Department’s official statement on January 2, 2026 announces the president’s decision ordering HieFo’s divestment of EMCORE’s digital chips business and links to the full text of the order. Treasury, which chairs CFIUS, does not narrow or contradict Section 2(h); its publication of the order confirms that the weekly‑certification provision is an operative condition of the divestment. Multiple independent legal analyses by major law firms corroborate this interpretation of the order. ArentFox Schiff’s January 13, 2026 note on the case states that under the EO, HieFo must certify to CFIUS on a weekly basis that it and its affiliates are compliant and that the certification must describe efforts to effectuate the divestment and a projected completion timeline. Arnold & Porter and Debevoise likewise emphasize that HieFo is required to provide weekly certifications or “weekly compliance updates” to CFIUS until divestment is completed and certified. Whether HieFo is actually submitting each weekly certification cannot be independently verified, because CFIUS monitoring and compliance filings are confidential and typically only become public in the event of an enforcement action. As of January 16, 2026, there are no public indications that the order has been rescinded or modified, nor any reported CFIUS enforcement action alleging non‑compliance with this specific weekly‑reporting requirement. In the absence of contrary evidence, the reasonable conclusion is that the obligation itself remains in force as written. Substantively, this weekly‑certification requirement functions as a monitoring and leverage tool rather than the divestment itself. It compels HieFo to regularly document its compliance status and divestment progress, giving CFIUS information and procedural hooks to detect delay or evasion and to impose penalties if needed. For foreign‑influenced investors in sensitive technology sectors, it signals that failing to proactively engage CFIUS can trigger not only forced divestment but also intrusive ongoing reporting obligations. Taken together—the explicit language of Section 2(h), confirmation via the Treasury statement, and consistent summaries from multiple reputable legal commentators—the evidence shows that, as of the follow‑up date, the claim about HieFo’s obligation to provide weekly certifications to CFIUS on compliance, efforts, and timelines is accurate and fully implemented at the policy level. The underlying divestment and the ongoing series of weekly reports continue beyond this date, but the existence and applicability of the requirement itself are best assessed as complete.
   • White House executive order, 2026-01-02, “Regarding the Acquisition of Certain Assets of EMCORE Corporation by HieFo Corporation”: Section 2(h) expressly requires HieFo to certify weekly to CFIUS on compliance, divestment efforts, and timelines.
   • White House executive order, 2026-01-02: Sections 2(b), 2(c), 2(g), 2(k) establish the 180‑day divestment deadline, restrictions during the interim, and CFIUS verification framework that the weekly certifications support.
   • U.S. Department of the Treasury statement, 2026-01-02, “Statement on the President’s Decision Ordering the Divestment of Interests in Certain Assets of EMCORE Corporation by HieFo Corporation”: Announces the divestment order and links to the full EO without qualifying the weekly‑certification provision.
   • ArentFox Schiff client alert, 2026-01-13, “CFIUS Strikes Again: President Trump Orders Divestment of HieFo–EMCORE Deal”: Notes that under the EO, HieFo must certify weekly to CFIUS regarding compliance and must describe divestment efforts and projected completion timeline.
   • Arnold & Porter advisory, 2026-01-13, “Executive Order Requires Chinese-Controlled Firm’s Divestment of EMCORE Corporation’s Digital Chips Business”: Describes mandatory weekly certifications to CFIUS confirming compliance and detailing efforts toward divestment, including timelines.
   • Debevoise & Plimpton memo, 2026-01-08, “President Trump Orders Chinese Acquirer to Divest U.S. Chips Business”: Highlights “Weekly Compliance Updates” requiring HieFo to provide progress reports and weekly certifications of compliance to CFIUS until divestment is complete.
   • Mayer Brown analysis, 2026-01-08, “President Trump Orders HieFo Corporation to Divest EMCORE Corporation Chip and Wafer Fabrication Assets”: Summarizes the EO’s divestment and monitoring provisions, consistent with the weekly‑certification requirement in the order.
2. Scheduled follow-up · Jan 16, 2026
3. Update · Jan 09, 2026, 12:03 PMin_progress
   Restatement: The Jan. 2, 2026 presidential order requiring HieFo to divest certain EMCORE assets includes subsection 2(h), which obliges HieFo to certify to CFIUS on a weekly basis that it and its Affiliates are in compliance and to describe efforts and a projected timeline until HieFo certifies Divestment. Sources: The White House order and the Treasury statement (both dated Jan. 2, 2026) explicitly impose the weekly certification obligation and CFIUS oversight. Public reporting (AP, Reuters, legal-firm summaries) corroborates the existence and purpose of the weekly-reporting requirement as an active enforcement mechanism. Verification: CFIUS certifications and internal weekly submissions are typically non-public; as of 2026-01-09 there is no public HieFo press release or CFIUS notice confirming that HieFo has delivered the required weekly written certification(s). Assessment: The legal obligation is in force and continues until CFIUS accepts a written Divestment certification, but external confirmation of delivery of the weekly reports through the projected completion date is not available; therefore the claim’s implementation is best classified as in_progress pending internal CFIUS/HieFo records or future public confirmation.
   • https://www.whitehouse.gov/presidential-actions/2026/01/regarding-the-acquisition-of-certain-assets-of-emcore-corporation-by-hiefo-corporation/ (White House order, Jan 2, 2026)
   • https://home.treasury.gov/news/press-releases/sb0349 (U.S. Treasury statement on the order, Jan 2, 2026)
   • https://apnews.com/article/president-trump-hiefo-emcore-divestment-fd324a0b76b1680dc5750e222ed74313 (Associated Press summary, Jan 3, 2026)
   • https://www.reuters.com/world/china/trump-blocks-chips-deal-cites-security-china-related-concerns-2026-01-03/ (Reuters summary, Jan 3, 2026)
   • https://www.mayerbrown.com/en/insights/publications/2026/01/president-trump-orders-hiefo-corporation-to-divest-emcore-corporation-chip-and-wafer-fabrication-assets (Mayer Brown analysis, Jan 2026)
   • https://www.fenwick.com/insights/publications/trump-blocks-2-9m-chip-deal-over-national-security-concerns (Fenwick summary)
   • https://www.debevoise.com/insights/publications/2026/01/president-trump-orders-chinese-acquirer-to-divest (Debevoise summary)
4. Scheduled follow-up · Jan 09, 2026
5. Completion due · Jan 09, 2026
6. Original article · Jan 02, 2026
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