Foreign Investment

News & Analysis as of

India Shows a Way

Mr. Akhilesh Ranjan, Joint Secretary Ministry of Finance, and also Competent Authority for the Government of India, spoke this past week at the Pacific Rim Tax Institute, February 19-20, reaffirming India’s commitment to a...more

US Senate Finance Committee Unanimously Approves FIRPTA Reforms

On February 11, 2015, the Senate Finance Committee approved a bill that would make significant changes to the Foreign Investment Real Property Tax Act (FIRPTA), encouraging investment in US real estate in several ways, but...more

China's Tax Administration Issues New Rules Governing Taxation of Offshore Indirect Transfers

On February 3, 2015, the PRC State Administration of Taxation (“SAT”) released the Announcement of SAT Concerning Several Matters Relating to Corporate Income Tax on Indirect Transfer of Properties by Non-tax Resident...more

What to expect from China's new investment laws

On 19 January 2015 MOFCOM issued a draft of the PRC Foreign Investment Law for public comment (FIL). Below we highlight key features of the new foreign investment regime. While the road to the actual passage of the FIL will...more

China issues new CBRC Guidelines Is China putting the squeeze on foreign investment in its banking industry?

A new set of regulations issued by the China Banking Regulatory Commission has fuelled concerns that China intends to squeeze foreign investment in its banking industry....more

Blakes Competition, Antitrust & Foreign Investment Group Report from Canada

In this issue: - Preface - Key Trends for 2015 - Highlights from 2014 - 2014 Annual Report - Mergers - Foreign Investment - Cartels - Private Actions -...more

China Issues a First Draft of its New Foreign Investment Law for Public Comment

The Ministry of Commerce of the People’s Republic of China recently (19 January 2015) published a first draft of the Law of the People’s Republic of China on Foreign Investments (the Draft Law), for public...more

"Senate Finance Committee Takes Unanimous Step Toward FIRPTA Reform"

On February 11, 2015, the Senate Finance Committee unanimously approved a significant reform to the Foreign Investment in Real Property Tax Act (FIRPTA). The proposal demonstrates the continued bipartisan legislative...more

New Reporting Requirements Regarding Foreign Investment and Ownership

With the globalization of the economy, most private equity funds are likely to own companies based in the United States that have operations or subsidiaries outside the United States, and/or have interests in non-U.S....more

China’s Draft Foreign Investment Law: A Paradigm Shift in Regulation of Foreign Investment

On January 19, 2015, China’s Ministry of Commerce (“MOFCOM”) released for public comment a draft Foreign Investment Law; “FIL”) along with an accompanying explanatory note (“Note”). The deadline for comments is February 17,...more

"China's MOFCOM Aims to Fundamentally Change the Legal Landscape on Foreign Investments"

In January 2015, China’s Ministry of Commerce (MOFCOM) released a discussion draft of the proposed Foreign Investment Law (Discussion Draft), soliciting comments from the public. The Discussion Draft is aimed to, upon its...more

Corporate Alert: Proposed Foreign Investment Law Would Bring Profound Changes to Foreign Investment Regime in China

On January 19, 2015, China’s Ministry of Commerce (“MOFCOM”) released a draft Foreign Investment Law (the “Draft Foreign Investment Law”) for public comments, together with MOFCOM’s explanatory notes (the “Explanatory...more

Senate Finance Committee Proposes FIRPTA Reform

Today was an important step in moving forward US tax reforms to encourage international investment in U.S. real estate.  The Senate Finance Committee passed 17 different tax bills for consideration by the entire Senate.  ...more

Comparison Chart re JV Law and Foreign Investment Law (Draft for Comments)

On January 19, 2015, MOFCOM released a draft for comment of PRC Foreign Investment Law (the “FIL”). The deadline for comments is February 17, 2015. The purpose of the FIL is to replace the present-day laws for foreign...more

China’s New Policy for Foreign Investment in E-Commerce - Shanghai Free Trade Zone Opens Door for Complete Foreign Ownership in...

Further to the early 2014 policy that relaxed the restrictions on the foreign equity ratio in value-added telecommunications business in the Shanghai Free Trade Zone (“Shanghai FTZ”), on January 15, 2015, the Ministry of...more

The Bureau of Economic Analysis Reporting Requirements for Foreign Direct Investment: Still Time for Timely Filing

In September of 2014, new foreign investment reporting requirements from the Department of Commerce’s Bureau of Economic Analysis (BEA) became effective. The new regulations require the BEA to collect data on the acquisition...more

"The 'Law 42' Arbitrations Against Ecuador and the Importance of BIT Language"

Bilateral Investment Treaties (BITs) afford investors a series of guarantees against expropriation or unfair treatment of investments in foreign jurisdictions. They also typically allow investors to enforce those rights...more

China Seeks to Reform Regulation of Foreign Investments with New Law

The new law, when implemented, will make sweeping changes to the current regulation of foreign investments. On January 19, the Ministry of Commerce of the People’s Republic of China published a draft Foreign...more

Special Update on Amendments to Legislation Relating to Foreign Investments into Strategic Sectors in Russia

On 4 November 2014 the Russian President signed Federal Law ? 343-FZ to amend the Law on foreign investments into strategic sectors (the “Law”)1 and certain other legislative acts. The amendments entered into force on...more

Mexico: Latin America’s Renewable Energy Crown Jewel

In contrast to unpredictable renewable energy policies in the United States and the European Union, Mexico has emerged as a lightning rod for renewable energy investment. As renewable energy investors assess changing global...more

"Acquisition Financings: European Certain Funds vs. US Limited Conditionality"

There has been a steadily increasing trend of European borrowers with little or no specific business in the U.S. raising financing under so-called “Yankee loans” — where the credit facility is syndicated to U.S. investors, is...more

Locke Lord QuickStudy: China Through-Train Investment Scheme

The eagerly anticipated Shanghai-Hong Kong Stock Connect (Stock Connect), or the so-called “through-train,” was launched on November 17, 2014, allowing foreign investors for the first time to directly buy and sell stocks...more

"Insights Conversations: Latin America M&A"

Political stability, investor-friendly (or unfriendly) policies, commodity pricing, corruption scandals, and new legal regimes in areas such as tax and antitrust all factor into the M&A market in Latin America. Skadden...more

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

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