On April 11, 2024, the Committee on Foreign Investment in the United States (CFIUS), a multi-agency committee administered by the U.S. Treasury Department, released a proposed rule (“Proposed Rule”) to amend the CFIUS regulations.[1] The Proposed Rule seeks “to enhance the Committee’s identification and resolution of national security risks” by expanding the scope of information … Continue Reading
To address growing geopolitical tensions and technological shifts, the European Commission presented, on 24 January 2024, five new initiatives for strengthening the EU’s economic security. Part of the package is a proposal for a new regulation on the screening of foreign investments, whose aim is to update Regulation 2019/452 (FDI Regulation), which is currently in … Continue Reading
Over the last couple of years, the European landscape in terms of investment control regimes has changed radically, with 19 member states now having foreign direct investment (FDI) regimes.… Continue Reading
The Italian Golden Powers Rules have intricate and unique features and broad-reaching effects, which set them apart from other foreign investment control regimes in the EU. For example, a notification requirement may apply to EU as well as national buyers in certain instances and may apply to Italian companies operating in sectors deemed of strategic … Continue Reading
As many corporate lawyers are aware, the UK’s National Security and Investment Act (NSIA) comes into force on 4 January 2022 and will have an impact on a large number of transactions which have a connection to the UK (an estimated 1,800 transactions per year will be affected). One thing that has not been discussed … Continue Reading
International M&A practitioners are used to dealing with CFIUS for any transaction involving assets in the US. The Europeans M&A practitioners are, however, catching up, and many multijurisdictional deals will now face clearance in a number of countries. The latest addition to the list, the UK National Security and Investment Bill, is broad in scope … Continue Reading
The People’s Republic of China (PRC or China) established a foreign investment security review in 2011 that focused exclusively on the merger and acquisition of domestic companies by foreign investors in a notice issued by the State Council (the 2011 Notice)1. On December 19, 2020, the National Development and Reform Committee (NDRC) and the Ministry … Continue Reading
A complimentary invitation for the European Society of International Law (ESIL), Economic Law Interest Group’s online workshop, “International Economic Law between Emergencies and Reforms” for September 9, 2020 from 9:30-17:00 CEST is enclosed.… Continue Reading
Like various other European Union member states, Poland has taken the first step to passage of a new act intended to screen foreign direct investments in Polish companies. The goal of the legislation is to protect Polish companies against take-over by non-EU/EEA investors. This post is being published for The Trade Practitioner as part of … Continue Reading
On 29 April 2020, the French Treasury announced additional emergency measures undertaken to strengthen its national foreign direct investment (FDI) screening mechanism.… Continue Reading
The EU’s trade commissioner had urged member states to ramp up screening levels of foreign direct investment (FDI) in order to prevent predatory takeovers of key businesses during the coronavirus pandemic.… Continue Reading
On March 25, 2020, the European Commission published a Guidance addressed to Member States on the application of foreign direct investment (FDI) Screening Regulation 2019/452 in the EU and restrictions on free movement of capital from third countries. The Guidance relates to the Coronavirus Disease 2019 (COVID-19) pandemic. … Continue Reading
On September 13, 2017, the European Commission published the draft of the EU regulation establishing a common European framework for the review of incoming foreign direct investment (FDI), akin to the process in the US administered by Committee on Foreign Investment in the US (CFIUS).… Continue Reading
