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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
France is currently strengthening its foreign direct investment (“FDI”) screenings regime. In addition to the new resources allocated to the Government unit in charge of the French FDI laws, the French government adopted, on...more
The EU Commission recently published its ‘Third Annual Report on the screening of foreign direct investments into the Union’ (Report). The Report examines the application of the EU Foreign Direct Investment (FDI) Screening...more
The EU’s new regime for tackling foreign subsidies will kick in on 12 July 2023. On 10 July 2023, the European Commission (Commission) published the final text of the Implementing Regulation (Final IR) on proceedings...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
Since the United Kingdom implemented the National Security and Investment Act in January 2022 ("NSI Regime"), there has been a significant increase in state intervention in, and review of, business transactions in the United...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
More than 11 months have passed since the UK’s National Security and Investment Act 2021 (NSI Act) came into force, creating a stand-alone foreign direct investment review system in the UK for transactions in specified...more
The regulation of foreign direct investment, or FDI, has been in the spotlight for most of 2022 and will likely remain a key issue for dealmakers and cross-border M&A in 2023. Globally, we continue to see a trend towards...more
Italian government’s so-called "golden powers" of intervention in foreign direct investments involving companies operating in sectors strategic for the national interest were originally introduced by Law Decree No. 21 of 15...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 tightening of controls on foreign direct investment (FDI), on national security or national interest grounds, is having a significant impact on technology transactions – a trend that is only likely to grow....more
Further developments to Russian foreign investment laws introduce new requirements for investors and simplify regulation in some spheres - Established by the Russian government in 2008, the Government Commission on Control...more
The UK’s strengthened national security regime will commence on 4 January 2022. From that date there will be a dramatic expansion of the UK Government’s ability to scrutinise investments. That will include a power for the UK...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
Since COVID-19, deals involving foreign state-owned enterprises or enterprises related to public health or the supply of critical goods and services are increasingly subject to review - The Investment Review Division...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
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
The UK government has tabled changes to the Enterprise Act 2002 to expand the circumstances in which the government will be empowered to review foreign takeovers of UK companies. The new rules will allow the government to...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
Australia requires a wide variety of investments by foreign businesses to be reviewed and approved before completion. The decision to approve or deny a foreign investment application is ultimately made by the Treasurer of...more
National security interventions have largely been confined to defense-related transactions - Since mid-2018, there have been a number of important changes (actual and proposed) to legislation permitting intervention by...more