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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
Key Takeaways - - As FDI regimes proliferate and mature around the globe, governments are taking an ever-more expansive view of the concept of “national security” to include more than military and defense interests, which...more
In April 2024, the UK Government published its response to the Cabinet Office's 'call for evidence' on the National Security and Investment Act 2021. The call for evidence was an invitation to submit views on how the NSIA...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
For more than a year, Canada’s foreign investment review regime has been on the cusp of a dramatic expansion that will supercharge foreign investors’ obligations to obtain pre-closing national security non-objection or...more
On 24 January 2024, the European Commission (EC) published its proposed reform of foreign investment screening in the EU. The proposal introduces more comprehensive rules for the review of foreign investments and strengthens...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
Under the German FDI regime, the competent ministry (BMWK) may review foreign investments in domestic target companies above certain thresholds. The legislator has introduced an increasing number of notification obligations...more
On October 3, 2023, the European Commission ("Commission") unveiled a list of 10 technology areas qualified as "critical" to the European Union's ("EU") economic security, out of which four (Semiconductors, AI, Quantum...more
In a recent post, we examined the practical impact of SB 264 (Chapter No. 2023-33, Laws of Florida) on foreign investment in Florida. The new law, which took effect on July 1, 2023, among other things, restricts certain...more
Introduction - On 5 July 2023, Royal Decree 571/2023 on foreign investments (RD 571/2023), previously approved by the meeting of the Council of Ministers on 4 July 2023, was published in the Official State Gazette. It will...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 regulation of foreign direct investment (“FDI”) has become an increasingly important feature of the regulatory landscape for investors. Globally, there is a trend towards greater FDI restrictions although the degree and...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
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
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
There have been significant recent developments related to the treatment of foreign investments in the critical minerals sector, particularly by foreign state-owned enterprises (SOEs) and foreign-influenced private investors....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
This year's version of the annual Committee on Foreign Investment in the United States (CFIUS) report, released on August 2, 2022, and covering calendar year 2021, has a Dickensian quality. As usual, it's a dense work. But...more
The UK Government this week prohibited the acquisition of intellectual property owned by University of Manchester by a Chinese company – marking the first time the UK Government has exercised its powers to block a transaction...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
The national security and foreign direct investment (“FDI”) review landscape around the world is evolving rapidly. A pre-pandemic trend of active FDI reviews in countries around the world has gained momentum and resulted in...more