Foreign Investment

News & Analysis as of

Peer-to-Peer Lending Regulation Released by OJK

In light of the rapid development of peer-to-peer (P2P) lending using information technology (IT) ("P2P Lending") in Indonesia, on 28 December 20161 the Indonesian Financial Services Authority ("OJK") enacted OJK Regulation...more

CFIUS: President-elect Trump’s Potential Big Stick for China and Foreign Trade

On the campaign trail, President-elect Trump adopted a contentious approach towards foreign trade, focusing on Chinese “theft of American trade secrets” and suggesting, at times, potential isolationism for U.S. businesses....more

Foreign Investment in the Philippines: Recent Developments

Following the recent decision by the Supreme Court of the Philippines in Roy III v. Chairperson Teresita Herbosa (Roy) we take the opportunity to review the foreign investment landscape in the Philippines, the implications of...more

Investment Outlook 2017: Deal trends in the GCC

When oil prices dropped two years ago, it took a while for the severity and durability of the new oil-price environment to sink in. The response came in 2016: governments focused on cutting expenditure, sending a cascade of...more

Current Administration Proposes Significant Changes to EB-5 Program

Yesterday, the Obama administration announced potential changes that could significant impact the EB-5 investor visa program. The EB-5 investor visa was originally established by Congress in 1990 to attract foreign...more

Proposed Changes To The EB-5 Immigrant Investor Program

The U.S. Department of Homeland Security (“DHS”) released yesterday in a Notice of Proposed Rulemaking a set of proposed changes to the EB-5 immigrant investor program, increasing the required investment amounts from $1...more

New IRS Reporting Rule Could Bite Unwary Foreign Investors

There are two main sources of reporting requirements for foreign investors in the United States — the Internal Revenue Service and the Bureau of Economic Analysis. The IRS recently upped its game by requiring reports from...more

What to Expect on the Immigration Front from President Trump?

With the inauguration just days away, what will the immigration landscape look like in the first 100 days of the Trump Administration? We can expect a lot of talk about enforcement, about the repeal of various executive...more

USCIS Seeks Public Input on the EB-5 Program

On January 11, 2017, the U.S. Department of Homeland Security’s United States Citizenship and Immigration Services (USCIS) published an Advance Notice of Proposed Rulemaking (ANPRM) to gather information relating to the EB-5...more

The Developing CFIUS Framework and Recent Presidential Order Prohibiting the Aixtron Transaction

Among the various challenges facing stakeholders in cross-border M&A deals is a potential national security review of the transaction by the Committee on Foreign Investment in the United States (CFIUS) and the possibility of...more

In Conversation with Norm B Coleman

1. Despite dire predictions about how his election might affect investor confidence, the U.S. stock market is surging.  Still, global markets see Trump as an uncertainty. What does a Trump presidency mean for businesses...more

China's Stringent New Rules on Yuan Transfers Could Hinder EB-5 Fundraising

The Chinese government has enacted new rules severely limiting foreign currency transfers out of China. The scope of the limitations are not clear but the Xinhua News Agency reported that Chinese banks advised their customers...more

Open for business – private equity investment in the Vietnamese retail sector

Vietnam's retail sector is among the fastest growing in Asia, with increasing disposable incomes, rapid urbanisation, rising living standards and a relatively young consumer base. These factors have, together, fuelled...more

Global Private Equity Newsletter - Winter 2017 Edition: President Trump: The Outlook for Private Equity

All eyes are on Washington—or should we say Manhattan—these days, searching for clues about where our ship is heading with U.S. President-elect Donald Trump at the helm. Recently, there have been cabinet appointments to...more

China's new restrictions on outbound investments and remittance

In 2016, the value of RMB depreciated over 6% against the US dollar and China’s foreign exchange reserves dropped sharply. Such depreciation of RMB and the continuous capital outflow at extraordinary levels have caused the...more

West Coast Real Estate Update: December 2016

Unlawful Detainer Appeals Process Creates Uncertainty for Landlords - The California Court of Appeal decided the case of Beach Break Equities, LLC v. Martin Lowell on Nov. 22, 2016, and released it for publication on...more

Implications of the 2016 US Presidential Election for Trade Policy

The election of Donald J. Trump as the 45th President of the United States will have important implications for US trade policy. Assessing these implications in the immediate aftermath of the presidential election is,...more

Japanese Diet Enacts Controversial Laws to legalize Casinos

The Japanese Diet has passed a so-called "integrated resort promotion bill" that would legalize casinos in Japan. In the midst of contentious nationwide debates about gambling, the Japanese Diet passed the "Bill...more

Key Challenges for Chinese Investors in Europe and How to Tackle Them

What are some of the key hurdles and obstacles for Chinese investors in Europe? Tips on how to manage them. Chinese outbound foreign direct investment ("ODI") has grown rapidly in Europe. 2016 was no exception, and...more

A new chapter for UK-Gulf trade and investment

On 7 December 2016, British Prime Minister Theresa May addressed the 37th Gulf Cooperation Council Summit in Manama, Bahrain. She was the first British Prime Minister, the third Western leader and the first woman to be...more

Mapping the shoals: Canada clarifies potential national security concerns about foreign investments

On December 19, 2016, the Canadian Minister of Innovation, Science and Economic Development issued guidelines (Guidelines) on the national security review process under the Investment Canada Act (ICA)1. The Guidelines...more

CFIUS’ Global Reach – Users of U.S. Controlled Technology Beware

The U.S. government, and we mean the pre-Trump administration at that, has blocked an acquisition of a foreign company by another foreign company. The concern is that the target company has a U.S. presence and has access to...more

What Foreign Investors Need to Know About the New National Security Guidelines under the Investment Canada Act

On December 19, 2016, the Canadian Government released new Guidelines on the National Security Review of Investments under the Investment Canada Act (the “Act”) increasing review transparency in an effort to bolster foreign...more

Mergers & Acquisitions: Trends to Watch in 2017

Canadian M&A activity rose once again in 2016, surpassing a record-breaking 2015 to become the most active year in Canadian deal-making history. In terms of deal value, 2016 will be second only to the peak of 2007....more

Foundation: December 2016 • Vol. IV , Issue 3

We are pleased to present our last edition of Foundation for the year, and hope that you have enjoyed the issues we have put together in 2016. We have worked hard to provide you with timely and relevant articles in a...more

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