Foreign Investment

News & Analysis as of

Global Tax News - January 2015

A SWIFT LOOK AT OECD’S DISCUSSION DRAFTS ON BEPS PLUS ONE CHART SETTING OUT TIMELINES - During the short days before Christmas, when most of us were busy closing transactions or making last-minute year-end reviews to...more

(US) The EB-5 Visa Program: A Popular Real Estate Financing Program's Reauthorization Is Uncertain

The EB-5 Visa Program has become an increasingly popular vehicle for real estate project financing in the United States. Last year, for the first time in the Program’s history, the annual supply of EB-5 immigrant investor...more

Are VIEs Finished?

On January 19, 2015, the Chinese Ministry of Commerce (“MOFCOM”) released the draft Foreign Investment Law (the “Draft Law”) for public comment. The public consultation period will end on February 17, 2015, after which the...more

Draft of China’s New Foreign Investment Law

On Jan. 19, 2015, the Ministry of Commerce of China (“MOFCOM”) published the draft of the Foreign Investment Law (“draft”) to solicit public comments. The draft, once finalized, will replace the existing Foreign Invested...more

CFIUS Practice Tips: How Investors Can Successfully Manage CFIUS Risks

In recent years, the Committee on Foreign Investment in the United States (CFIUS) has acted to thwart or constrain various foreign investments in U.S. businesses. However, other similar investments have been permitted to...more

"The Newfound Attractiveness of European M&A"

In 2014, Europe registered its highest levels of M&A deal activity since the financial crisis. Compared to 2013, overall European M&A activity climbed 40.5 percent to $901.4 billion (the highest value since 2008). Inbound...more

Securities Law in France: 9 Recent Legal Developments

In the last six months, various legal developments have taken place in the field of securities law in France. 1. The Law of 29 March 2014 introduced certain legal and regulatory provisions relating to takeover bids...more

China Proposes Legislative Overhaul of Foreign Investment Regime

On January 19, 2015, the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) published a draft bill of the Foreign Investment Law for public comment (the Draft FIL), revealing an upcoming overhaul of the...more

"Shanghai-HK Connect Opens Possibilities for Companies Looking to Tap Chinese Investor Demand"

November 17, 2014, marked the first day of trading under the Shanghai-Hong Kong Stock Connect, a mutual market access platform that effectively opens the Hong Kong market to mainland Chinese investors. The Shanghai-HK Connect...more

"China M&A: Reform Plan Promotes Mixed Ownership of State-Owned Enterprises"

Chinese state-owned enterprises (SOEs) have played a significant role in the world's second-largest economy, with over 155,000 SOEs valued at approximately $17.4 trillion at the end of 2013 spanning almost every industry...more

Consultation Draft Rules Issued by the China Securities Regulatory Commission Regarding Foreign Investment in Futures Contracts

The China Securities Regulatory Commission (CSRC) has issued draft rules for consultation purposes relating to the proposed investment by foreign investors and dealing by foreign brokerages in futures contracts in the...more

European M+A News, Winter 2015

In This Issue: - Transactions Involving Digital Media in Europe: Know the Source - New Framework on Market Abuse in the European Union - Current Developments ..“Made in Germany” Attracts Foreign...more

QATAR 2014: A Year In Review

Qatar Laws and Headlines: - Hamad International Airport: Opened in April 2014 to accommodate 30 million passengers initially. The 60,000-sq.m. facility is expected to handle 8,700 passengers per hour. -...more

China removes foreign investment cap on e-commerce business in the Shanghai free trade zone

The PRC Ministry of Industry and Information Technology (MIIT) announced on January 13, 2015 that effective the same date, the investment ratio restriction for foreign investment in e-commerce business (falling under the...more

"Important but Frequently Overlooked Reporting Requirements for Inbound and Outbound Direct Investment Involving US Entities"

Pursuant to the requirements of the International Investment and Trade and Services Survey Act and related statutes, the U.S. Department of Commerce’s Bureau of Economic Analysis (BEA) collects information on international...more

Evaluating the Draft Amendment of the Foreign Investment Guidance Catalogue

Recently, the National Development and Reform Commission (NDRC) and Ministry of Commerce (MOFCOM) of the People’s Republic of China (PRC) jointly released a draft of the new Foreign Investment Guidance Catalogue for public...more

Africa: Insights on Deal Trends in a PE Growth Market

PE in Africa is fast-growing and investing in a variety of sectors. So what challenges do investors face? The diligence process can be much more hands on, as information is not necessarily readily available in the form...more

China Encourages Foreign Investment in Senior Care Services

On 24 November 2014, the Ministry of Commerce (MOFCOM) and the Ministry of Civil Affairs (MCA) of China jointly issued the Announcement Encouraging Foreign Investors to Establish For-Profit Senior Care Institutions to Engage...more

Success Without Corruption in Africa

In a Bryan Cave blog piece “Corruption costs: why your business needs an anti-corruption strategy if you are investing or operating in Africa,” authors Anita Esslinger and Cara Dowling (Bryan Cave Attorneys) state: “As a...more

Turnin’ Havana to Atlanta: The White House Opens Doors for U.S. Telecommunications Investment in Cuba and Latin America

Historic changes in relations between the United States and Cuba (that touch nerves in Hip-Hop and on Capitol Hill) and new U.S. sanctions against Venezuela may provide increased opportunities for U.S. business generally, and...more

Challenging the status quo – South Africa's termination of its bilateral trade agreements

The main concern for any foreign investor is security of tenure for its investment. Investors generally feel threatened when governments promote policy changes that could potentially have an adverse effect on the rights and...more

New Senate Bill Significantly Expands U.S. Sanctions Against Russia

The bill, if passed, would impose severe sanctions on “foreign persons” that make significant investments in Russian crude oil projects....more

Argentina amends its hydrocarbons law to boost exploration and production of conventional and unconventional hydrocarbons

On October 31, 2014 Argentina amended its hydrocarbons law to create incentives for foreign investment and to boost the country's conventional and unconventional hydrocarbons exploration and production (the "Hydrocarbons...more

Release of Report on the Impact of Foreign Investment on the Housing Market

The House of Representatives Standing Committee on Economics (Committee) released its report on Foreign Investment in Residential Real Estate on 27 November 2014 (Report). As a response to concerns continually raised...more

New Foreign Investment Filing Requirement in Effect - Why, Whether and Which BE-13 to File

The U.S. Bureau of Economic Analysis recently launched the BE-13, Survey of New Foreign Direct Investment in the United States. There are civil penalties, injunctive relief and criminal penalties for failing to file BE-13...more

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