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Extraterritorial Reach of Italian/UK FDI Rules: Are In-Country Sales Sufficient Nexus?

In two recent decisions in the defense and national security sector, the Italian Foreign Direct Investment Authority ("FDI Authority") asserted jurisdiction in connection with two acquisitions of non-Italian companies that...more

UK Government Taking Longer With FDI Reviews, but Clearance Rates Higher

The Situation: On September 10, 2024, the UK government published the third National Security and Investment Act 2021 Annual Report ("2023/2024 Annual Report"), revealing longer processing times for foreign direct investment...more

CFIUS Annual Report Touts an Increase in Penalties and Efficiency in Transaction Reviews

While the total number of filings declined in comparison to recent years, CFIUS's latest Annual Report to Congress highlights an uptick in penalties and an increased use of enforcement tools relating to national...more

Foreign Direct Investment Screening in the Netherlands: New Regime In Force

In Short - The Development: On 1 June 2023, the Security Screening of Investment, Mergers and Acquisitions Act (Wet Veiligheidstoets investeringen, fusies en overnames) ("the FDI Act") entered into force, introducing a...more

Key Lessons from UK National Security and Investment Regime's First Year

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

CFIUS Releases First-Ever Penalty and Enforcement Guidelines

The Committee on Foreign Investment in the United States ("CFIUS") has released its first-ever enforcement and penalty guidelines—putting industry on notice and inviting self-disclosures....more

2021 Transactional Year in Review and 2022 Forecast: FDI Regimes Continue to Expand and Increase Scrutiny of Transactions...

China  China has increased its efforts to scrutinize global transactions that may implicate national security concerns using its foreign investment security review ("FISR") process....more

New Foreign Investment Control Regime Coming to the UK

The Development: The UK government has put before Parliament draft legislation introducing a new regime for governmental scrutiny and intervention in respect of investments that may pose a risk to national security in the...more

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