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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
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
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
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 new Register of Foreign Ownership of Australian Assets (the Register) is imminent, with the Australian Taxation Office (ATO) having announced that it will be introduced on 1 July 2023. The Register was established in...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
Key Points - Reviewing inbound foreign investment for national security risk continues to be a high priority for governments worldwide. Key developments and trends include the following...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
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
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
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
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
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 Government recently published its Annual Report on the application of the National Security and Investment Act 2021 (NSIA). This first annual report covers the period from the commencing of the NSIA (4 January 2022) to...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 UK Government has published its first Annual Report on the functioning of the recently implemented National Security and Investment regime, which gives the Government the power to scrutinise certain acquisitions and...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
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
Japan continues to tighten foreign direct investment reviews but also offers a prior notification exemption - Japan's Ministry of Finance (MOF) and its ministries with jurisdiction over the target entity's business review...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
Key Takeaways - On July 26, 2021, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), published its Annual Report to Congress on key activities,...more