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Jones Day Talks: Doing Deals Down Under: Australia's Foreign Direct Investment Regime
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On 10 September 2024, the UK Government published its third Annual Report on the operation of the National Security and Investment Act 2021 (NSIA). Covering the period from 1 April 2023 to 31 March 2024, the report gives a...more
On May 13, 2024, President Biden, acting on a transaction referred to him from the Committee on Foreign Investment in the United States (“CFIUS”), took the unusual step of ordering the prohibition of a real estate acquisition...more
With the passage through Parliament of Bill C-34 on March 22, 2024, long contemplated changes to Canada’s foreign investment review regime are set to dramatically overhaul Canada’s FDI framework. ...more
The Australian Treasury has released its first quarterly report ("Report") for the 2023-24 financial year covering the regulation of foreign investment in Australia....more
Last week, the Committee on Foreign Investment in the United States (CFIUS) released its 2022 Annual Report to Congress. CFIUS reported a record 440 filings in 2022. Although this reflects only a small increase from the 436...more
The Report shows that CFIUS reviewed a record number of filings in 2022 and also required more mitigation as a condition of clearance. On July 31, 2023, the Committee on Foreign Investment in the United States (CFIUS)...more
On 1 July 2023, the Belgium foreign direct investment ("FDI") screening regime enters into force. The regime will add scrutiny for non-EU companies planning investments in targeted sectors and will create additional...more
The increasing number and complexity of foreign direct investment (FDI) screening regimes requires careful navigation when planning and executing global M&A transactions, as well as greenfield cross-border investments. In...more
The Committee on Foreign Investment in the United States (CFIUS) evaluates the US national security impact of acquisitions of "control" by foreign persons of US businesses. ...more
With 2023 only a few days old, many predictions are out there about what the New Year holds for investment and M&A activity. While it is hard to prophesy, particularly in such unprecedentedly turbulent times, one legal trend...more
On December 7, 2022, François-Philippe Champagne, the Minister of Innovation, Science and Industry (the Minister), announced several proposed amendments to the national security regime under the Investment Canada Act (ICA)...more
Foreign Investment Policy - 1.1 - What is the national policy with regard to the review of foreign investments (including transactions) on national security and public order grounds? The review of foreign investments...more
On October 20, 2022, the U.S. Department of the Treasury (Treasury) released the Committee on Foreign Investment in the United States (CFIUS or the Committee) Enforcement and Penalty Guidelines (the Guidelines). The...more
The U.S. Department of the Treasury, in its role as chair of the Committee on Foreign Investment in the United States (CFIUS), released the public version of its Annual Report to Congress for Calendar Year 2021 (Annual...more
Background CFIUS is an interagency committee, principally comprising of nine members and chaired by the Secretary of the Treasury, which has broad powers to review foreign investments in and acquisitions of U.S. businesses to...more
On June 16, 2022, the Department for Business, Energy, and Industrial Strategy (BEIS) published its first annual report regarding the National Security and Investment Act 2021 (the NSI Act). The report solely covers the...more
The UK’s national security and investment regime came into effect on 4 January 2022. On 16 June, the UK government published its first report on the operation of the regime for the period between 4 January and 31 March...more
Foreign direct investment regimes, including CFIUS, regularly review transactions to assess potential risks to national security. What should organizations know about key trends behind a potential CFIUS review?...more
The second round of amendments to the Security of Critical Infrastructure Act 2018 (Cth) (SoCI Act) has now come into effect, with the Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022 (Bill)...more
On March 21st, 2022, the Italian Government adopted Law Decree No. 21/2022 introducing urgent measures to react to the economic and humanitarian effects of the Ukrainian crisis ("Emergency Measures Decree"), which also...more
Two major transactions have recently faced headwinds in Germany and the United Kingdom, jurisdictions traditionally perceived as investor friendly. Specifically, Taiwanese-based investor GlobalWafers Co. Ltd. failed to obtain...more
What you need to know Under Australia’s foreign investment regime, certain types of investments by foreign private investors or foreign government investors need to be notified to, and reviewed and a statement of no objection...more
This guide is intended to supplement our popular Foreign Investment in Australia guide and has been drafted with the intention of providing an overview of the specific considerations a foreign person who is seeking to make an...more
The National Security and Investment (NSI) regime became live in the UK – now is the time to ensure you are up to speed on how it will impact your acquisitions and investments. Deals in a broad range of sectors, from high...more
On June 9, 2021, Momentus Inc., a U.S. commercial space company offering in-space transportation and infrastructure services, as a condition to its acquisition by a foreign-owned company, entered into a National Security...more