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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
From a regulatory perspective, mergers and acquisitions is undergoing a significant transformation, marked by an increased intricacy and unpredictability. Companies engaged in transactions are confronted by a growing number...more
EU Court Ruled on FDI Screening Limits - Implications for Investors - The Court of Justice of the European Union’s first decision on foreign direct investment (FDI) screening limits the scope of the EU FDI Screening...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
Now in its seventh year of annual publication, White & Case's Foreign Direct Investment Reviews provides a comprehensive look into rapidly evolving foreign direct investment (FDI) laws and regulations in approximately 40...more
The Canadian M&A landscape is one of reserved optimism as 2022 comes to a close and we look ahead to a new year. Despite the uncertainty in the marketplace, Canada remains home to attractive assets and dynamic dealmakers. We...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
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
For more than two decades, the United Kingdom's (U.K.) foreign direct investment regime remained fairly untouched. Then, in mid-2021, amidst pressure from its allies, particularly the United States, the U.K. overhauled and...more
In response to the COVID-19 emergency, the screening powers of the Italian government were significantly expanded - The Italian government, led by the President of the Council of Ministries, together with any other...more
Key Points - On April 27, 2021, the German government adopted the 17th Regulation for the Amendment of the German Foreign Trade Regulation (Außenwirtschaftsverordnung (AWV)). The regulation, which came into force on May...more
On 1 May 2021, the latest amendment of the German Foreign Direct Investment (FDI) regime entered into force, following a decision of the German government as of 27 April 2021. ...more
In November 2020, the UK Government introduced the National Security and Investment Bill (the "Bill"). Subject to the passing through UK Parliament, the Bill is expected to become law in early 2021, ushering in a Committee on...more
In a regime undergoing rapid change, investment screening is currently "light," with red tape increasing for European inbound investment - While there is still no standalone foreign direct investment (FDI) screening at...more
Deals are generally not blocked in Finland, and are reviewed mostly when in the defense and dual-use sectors - The Finnish government views foreign ownership positively as a catalyst for increasing internationalization...more
United States export control, sanctions, and foreign investment (CFIUS) regulations advance U.S. national security and foreign policy interests, but in very different ways. They are also quite complex. As a result, media...more
Austria passed a new Investment Control Act ("ICA") expanding the screening of foreign investments ("FDI"), effective July 25, 2020. The Austrian rules on European FDI-cooperation will enter into force on October 11, 2020....more
A takeover of a French company carrying on so-called ‘sensitive’ activity in France by a company ultimately controlled by foreigners - European Union and non-EU - is subject to the prior authorization of the Ministry of the...more
Effective June 3, 2020, the screening of foreign direct investments (FDIs) has been expanded in Germany with a first tranche of new rules primarily affecting the healthcare sector. This expansion of the FDI control scheme...more
One effect of the COVID-19 pandemic has been to accelerate the implementation of new or stricter controls on inward-bound foreign direct investment activity ("FDI"), particularly in the European Union. For example, in March...more
On January 31, 2020, the Federal Ministry for Economic Affairs and Energy (BMWi) presented a draft law amending the Foreign Trade and Payments Act (AWG-E) and forwarded it to selected trade associations for their comments....more
The Situation: The French government issued on December 31, 2019, new rules substantially revising the French Foreign Direct Investments ("FDI") regulation. These new provisions mostly implement the recent PACTE law and the...more
The Russian government clarified requirements to disclosure of information about foreign investors' beneficiaries, beneficial owners and controlling persons. The Government Commission on Control over Foreign Investments in...more
While few deals are challenged in Canada, national security reviews are becoming more common and complex. The Investment Review Division (IRD), which is part of the Ministry of Innovation, Science and Economic Development...more
On November 29, 2018, the German Minister for Economic Affairs, Peter Altmaier, presented its “National Industry Strategy 2030.” Amongst other things, the strategy paper sets out the key points of the Minister’s plans to...more