News & Analysis as of

Critical Infrastructure Sectors European Union National Security

Hughes Hubbard & Reed LLP

The EU Adopts Broad New Sanctions Against Russia, Including 17th and 18th Packages, and Belarus Sanctions Alignment Package

The European Council ended a highly active semester on the economic sanctions front with the adoption of its 17th and 18th economic sanctions packages (Russia Sanctions Packages or Sanctions Packages) against Russia for its...more

White & Case LLP

The EU Commission releases its Fourth Annual FDI report showing continuity and heightened FDI regulation in the EU27

White & Case LLP on

On 17 October, the European Commission (EC) issued its Fourth Annual Report under Article 5(4) of the Foreign Direct Investments (FDI) Screening Regulation (the Regulation) along with an EC Staff Working Document (SWD). The...more

American Conference Institute (ACI)

[Event] 5th Annual European Forum on Global FDI Reviews - June 11th - 12th, Ixelles, Belgium

Hosted by C5 Group, the 5th Annual European Forum on Global FDI Reviews returns for another exciting year with curated programming that provide sessions on the most pressing issues coming across your desk and strategic...more

A&O Shearman

Investigations update: Hong Kong authorities ramp up enforcement in virtual assets and other sectors

A&O Shearman on

Hong Kong has seen cryptocurrencies grow in popularity, highlighting the need for appropriate licensing regimes (implemented in the form of virtual asset service providers (VASPs)), bolstered by active enforcement actions. ...more

White & Case LLP

Foreign direct investment reviews 2023: A global perspective

White & Case LLP on

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

Perkins Coie

President Biden Issues Executive Order Regarding Signals Intelligence Activities, Clearing Way for New Trans-Atlantic Data Privacy...

Perkins Coie on

President Biden issued an executive order (EO) increasing protections and safeguards for personal data subject to signals intelligence activities. It also establishes a redress mechanism for residents of qualifying states who...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS Goes Global: New FDI Review Processes Proliferate, Old Ones Expand

Takeaways - Since 2018, the U.S. and several other countries have revised or installed national security-related screening of foreign direct investments. Many jurisdictions now require filings for investments in the...more

Hogan Lovells

Germany reforms Critical Infrastructure Ordinance with significant impact on FDI rules

Hogan Lovells on

On 1 January 2022, Germany renewed its ever tougher FDI rules yet again. The reform expands definitions of so-called critical infrastructures, especially but not only in the areas of IT services and energy. Indirectly, this...more

Hogan Lovells

EU foreign direct investment screening: lessons learnt after a year in motion

Hogan Lovells on

In its First Annual Report on the EU Foreign Direct Investment (FDI) Screening Regulation and Member States’ individual screening mechanisms, the European Commission takes stock of the first year of implementation of the new...more

White & Case LLP

COVID-19 Foreign Direct Investment (FDI) – An Overview of legislation enacted by Spanish Government during 2020

White & Case LLP on

COVID-19 pandemic led Spanish Government to enact three Royal Decree-Laws during 2020, imposing restrictive measures on Spanish FDI regime. Before the COVID-19 outbreak, the Spanish foreign direct investment ("FDI") regime...more

Katten Muchin Rosenman LLP

New UK Rules for Reviewing Foreign Direct Investment

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

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - Spain

White & Case LLP on

New measures enacted for the purpose of protecting the Spanish economy amid the COVID-19 crisis may persist longer than expected - The exceptional circumstances in the first and second quarters of 2020 brought about by...more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - Sweden

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Increased awareness of safety concerns related to foreign direct investments has prompted a ramp-up toward the implementation of a general FDI screening regulation - As of this writing, Sweden does not have a general FDI...more

BCLP

Highly impactful - UK National Security & Investment Bill introduces mandatory Government review of a wide range of transactions

BCLP on

On 11 November, the UK Government introduced to Parliament the long-awaited National Security and Investment Bill. The Bill, which is expected to be enacted in Spring 2021, is a transformative event for investors in UK...more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - European Union

White & Case LLP on

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

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - Finland

White & Case LLP on

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

Morgan Lewis

European Cybersecurity for 5G: Member States Widely Differ in their Approaches

Morgan Lewis on

With the imminent rollout of new 5G mobile networks, the European Union (EU) and its member states are looking to adequately frame and safeguard the secure implementation of this new key technology. On top of that, foreign...more

Hogan Lovells

Is national security a game changer for European foreign investment reviews and M&A transactions?

Hogan Lovells on

Governments all over the world are continuing to take steps to strengthen their powers to intervene in foreign direct investments ("FDI") into their countries. These changes come at a time of increased scrutiny of foreign...more

Jones Day

Foreign Direct Investment Screening in Europe and the Middle East

Jones Day on

One effect of the COVID-19 pandemic has been to accelerate the implementation of new or stricter controls on inward-bound foreign direct investment activity ("FDI"), particularly in the European Union. For example, in March...more

Jones Day

Dutch Government Plans Retroactive Foreign Investment Screening in View of COVID-19 Crisis

Jones Day on

Proposed retroactive application could expose investments made as from June 2, 2020, to ex post scrutiny. On June 2, 2020, the Dutch Government ("Government") announced that it plans to apply a proposed comprehensive...more

Morgan Lewis

Potential UK Reforms Could Increase Screening of Certain Foreign Takeovers

Morgan Lewis on

The UK Parliament’s Foreign Affairs Committee has issued a “call for evidence” as part of its ongoing review of the UK government’s role in intervening in certain foreign takeovers of UK companies and potentially blocking...more

White & Case LLP

COVID-19 Foreign Direct Investment (FDI) – An Overview of Restrictions in Western Europe and the CEE

White & Case LLP on

Prior to the outbreak of the COVID-19 pandemic, there had been a growing and global trend of established Western economies increasingly scrutinising foreign investment in key sectors. FDI restrictions have been on the...more

White & Case LLP

Increasing Scrutiny of Foreign Investments in the German Healthcare Sector

White & Case LLP on

The COVID-19 pandemic has changed most governments' views on the strategic relevance of the domestic healthcare sectors across the globe. Although the European Commission, and also the German government, have re-emphasized...more

Hogan Lovells

NEWSFLASH: Italy – Government extends "golden powers" on FDI during the COVID-19 emergency

Hogan Lovells on

On 8 April 2020, the Italian government adopted the wide-ranging Law Decree No. 23 (Urgent Measures Law), which also amends the government’s so-called "golden powers" of intervention in foreign direct investments involving...more

Skadden, Arps, Slate, Meagher & Flom LLP

Crisis Prompts European Countries To Step Up Protections Against Foreign M&A

The coronavirus pandemic has weakened European economies and companies. EU and national governments have expressed concern that foreign investors may opportunistically take advantage of the crisis to acquire domestic...more

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