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Member State National Security Foreign Investment

White & Case LLP

EU Commission Recommends Review of Outbound Investments in Advanced Semiconductors, AI, and Quantum Technologies

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On 15 January the European Commission (“EC”) took its latest (prudent) step towards an outbound investment screening regime, with the publication of its ‘Recommendation on reviewing outbound investments in technology areas...more

White & Case LLP

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

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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

BCLP

Foreign Direct Investment: Key Recent and Future Developments in Europe and the US

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At a time of significant geopolitical challenges, many jurisdictions are looking at their investment screening regimes to ensure that they can adequately safeguard national security and public order. Within this context,...more

Cooley LLP

European Commission Publishes Third Annual Report on EU Foreign Direct Investments

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On 19 October 2023, the European Commission (EC) published its Annual Report on the screening of foreign direct investments into the Union, covering the year 2022. This is the third annual report published by the EC since the...more

White & Case LLP

Foreign direct investment reviews 2023: A global perspective

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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

Orrick, Herrington & Sutcliffe LLP

5 Regulatory Issues to Consider When Acquiring a Business in the EU or UK

Companies considering an acquisition in Europe must navigate a regulatory and enforcement environment that can seem like a minefield. Here are five things they should consider amid unfolding legislative change and growing...more

A&O Shearman

European Commission reports on operation of EU FDI screening mechanism

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With the EU FDI Regulation close to celebrating its second year anniversary, the European Commission (EC) has published its second annual report on EU FDI screening covering the operation of the mechanism in 2021. In...more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - Italy

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In response to the COVID-19 emergency, the screening powers of the Italian government were significantly expanded - The Italian government, which is led by the President of the Chamber of Ministries, together with any...more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - Spain

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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 - European Union

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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

Jones Day

Foreign Direct Investment Screening in Europe and the Middle East

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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

White & Case LLP

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

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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

WilmerHale

EU Issues Guidelines Regarding Screening Foreign Investment in Connection With Industries Critical for Combating COVID-19

WilmerHale on

On March 25, the European Commission (Commission) issued new Guidelines for screening foreign direct investment (FDI) in companies and critical assets located in the European Union (EU), including those operating in the...more

White & Case LLP

Foreign direct investment reviews 2019: A global perspective: France

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In December 2018, a new decree expanded the scope of the French national security review, especially in the technology sector In May 2019, the so-called “PACTE” Law strengthened the powers of French authorities in case of...more

Hogan Lovells

The Foreign Investment Regulation Review Seventh Edition - EU Overview

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Foreign investment continues to garner a great deal of attention. This trend is expected to continue as the global economy further integrates, the number of cross-border and international transactions keeps increasing, and...more

Hogan Lovells

ADG Insights | Foreign investment control in the European Union and its Member States

Hogan Lovells on

In recent years, several European Union (EU) Member States, as well as the EU itself, have reconsidered their approaches to foreign direct investment (FDI). An increasing number of European jurisdictions have introduced rules...more

White & Case LLP

Foreign Investments in France: new legislation expands and strengthens the national security review mechanism (Updated)

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New legislation broadens the scope of foreign investments control review in France and reinforces the sanctions in case of infringement. As a next step, French authorities are likely to adopt new regulations by the end of...more

Sheppard Mullin Richter & Hampton LLP

Investments With Borders: CFIUS-Style Foreign Investment Review Goes Global

The Committee on Foreign Investment in the United States, CFIUS, is the U.S. government agency that conducts national security reviews of foreign direct investment in the United States. The CFIUS rules have been significantly...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: Foreign Investment Control Reforms in Europe

The geopolitical environment continues to drive reform of foreign investment rules in Europe, with government proposals clarifying and tightening such rules in the interest of national security. Recent foreign state-backed...more

White & Case LLP

New EU Foreign Direct Investment Regulation—Initial Steps towards Harmonized European Investment Controls

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Following completion of the Trilogue process, the three main EU institutions have agreed on a compromise for a new Regulation that gives the EU a largely procedural and coordinating function in connection with foreign direct...more

Akin Gump Strauss Hauer & Feld LLP

Germany Tightens Rules on Foreign Direct Investment

• On 19 December 2018, the German government adopted the 12th regulation for the amendment of the German Foreign Trade Regulation. The amendment, which came into force on 29 December 2018, expands the ability of the German...more

WilmerHale

EU and Germany Move to Further Tighten FDI Screening Process

WilmerHale on

The past two weeks have seen two major developments in relation to the screening of foreign direct investment in the European Union (“EU”) for national security or public order reasons. First, on December 10, 2018, the EU...more

Jones Day

Foreign Investment in France: Strengthening Control and Extending Strategic Sectors Under PACTE Law and New Decree

Jones Day on

The Situation: In the context of strengthening the control of foreign investments, particularly at the European level, the French Parliament intends to deepen control procedures and broaden the scope of authorization of...more

Hogan Lovells

New EU framework for screening foreign direct investment

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On 20 November 2018, the European Commission (Commission) announced a draft EU framework for screening foreign direct investment (FDI) in response to concerns regarding foreign investment in EU-based businesses active in...more

Morrison & Foerster LLP

Foreign Investment Control in EU Becomes More Stringent - Chinese Version

Investing in the EU? Tighter foreign investment control is on its way as the new EU foreign investments control scheme takes shape while national governments adopt and enforce stricter rules. SUMMARY - Recent EU foreign...more

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