News & Analysis as of

Foreign Investment

Tax Court Rejects IRS’ Position in Rev. Rul. 91-32

Grecian Magnesite Mining, a Greek corporation (GMM), owned an interest in Premier Chemicals LLC, a Delaware limited liability company classified as a partnership for US income tax purposes (Premier). Premier conducted a trade...more

German Government Increases Foreign Investment Oversight

by Latham & Watkins LLP on

Changes to the German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung – FTPO) will impact certain cross-border transactions. Key Points: ..The changes, which entered into force on 18 July 2017, allow...more

On the Brink of Protectionism? Germany Tightens Rules on Foreign Investment Controls to Block Unwanted Takeovers

by Reed Smith on

On 12 July 2017, the German government adopted new provisions amending the German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung – “AWV”). By implementing the new rules, Germany is trying to stop losing...more

Foreign Investment Reporting to the United States: Out-Bound Investment from the United States Specific Survey Report Forms 5-year...

by McNair Law Firm, P.A. on

The U.S. Department of Commerce, Bureau of Economic Analysis (BEA), conducts mandatory surveys to collect information on direct investment. There are three (3) specific surveys which track “out-bound” foreign investment: a...more

Germany Strengthens Foreign Investment Control: New Rules to Thoroughly Screen Investments in Enlarged Number of Key Industries

Germany ends its longtime liberal approach to foreign investments by increasing its intervention possibilities at national level and by lobbying a stricter regime at the EU level. Since the takeover of German robotics...more

Newsflash: Tax Court Reverses IRS Revenue Ruling

by Dechert LLP on

A recent U.S. Tax Court case, Grecian Magnesite (149 T.C. No. 3, July 13, 2017), has declared invalid the long-standing U.S. government position that a non-U.S. person’s sale of an interest in a partnership (in this case, a...more

Selling to China: Four Key Questions All Private Equity Deal Teams Should Ask on an Exit

by Latham & Watkins LLP on

Chinese acquirers are playing an increasingly important role as buyers of private equity sponsored companies — nearly 200 portfolio companies were sold to Chinese entities in 2016. However, in our view, measures taken by the...more

La presencia de México en Miami llegó para quedarse

La imagen de los mexicanos en la Florida generalmente se enmarca en el debate sobre la inmigración que actualmente arrasa en nuestro país. Pero la influencia mexicana y su presencia en la Florida va mucho más allá de los...more

Chinese walls? Germany reinforces the control of foreign investments

by Hogan Lovells on

On 12 July 2017, the German Federal Government significantly reinforced the barriers for the acquisition of German companies by non-EU companies. The new Regulation for the Amendment of the Foreign Trade and Payments...more

US Tax Court Exempts Gain on Sale of a Partnership Interest

by Latham & Watkins LLP on

Decision could open planning opportunities for non-US partners regarding sale of a partnership interest. The Grecian Magnesite Mining, Industrial & Shipping Co., SA v. Commissioner 1 case — which the US Tax Court decided...more

Foreign investment in Indonesia

by Dentons on

Indonesia is the largest economy in Southeast Asia. It is rich in natural resources, such as coal, minerals and metals, oil and gas, and agricultural products such as rice, rubber and cocoa. With the fourth biggest population...more

Foreign Investment Reporting to the United States: Out-Bound Investment from the United States Specific Survey Report Forms Annual...

by McNair Law Firm, P.A. on

The U.S. Department of Commerce, Bureau of Economic Analysis (BEA), conducts mandatory surveys to collect information on direct investment. There are three (3) specific surveys which track “out-bound” foreign investment, a...more

Opportunity Foreclosed: The International Entrepreneur Parole Rule May Die Before it Gets Out of the Gate

The U.S. and worldwide entrepreneur community had been looking forward to July 17th with great anticipation. This was supposed to be the effective date of the new International Entrepreneur Parole immigration regulation....more

Bond Connect – The Fast and Furious Way to the China Interbank Bond Market

by Dechert LLP on

Following announcement of the proposed launch of a bond trading link between China and Hong Kong (Bond Connect) earlier this year, Bond Connect officially launched on July 3, 2017. Bond Connect allows foreign institutional...more

Franchising – The route to international expansion?

by Dentons on

Franchising is a proven route to the successful international expansion of businesses in various sectors from fitness studios and restaurants to high end fashion and beauty. Annually it accounts for turnover of USD$300...more

Investment Trends in India

On 22 June 2017, Skadden and Khaitan & Co hosted a seminar titled “Investment Trends in India” at the Institute of Directors in London. David Kavanagh QC, global co-head of Skadden’s International Litigation and...more

China Updates New Industry Catalogue - PRC reduces regulatory procedures for foreign investments following its 2016 reforms

On June 28, 2017, the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) of the People’s Republic of China (China) promulgated the 7th updated version of the Catalogue of Industries for...more

Mining in Morocco: a legal snapshot

by DLA Piper on

While the mining industry already plays an important role in Morocco’s economy, representing 25 percent of its exports, the national development strategy set out some lofty goals which include tripling non-phosphate revenues...more

Trump Administration Delays Implementation of “International Entrepreneur Rule”

This week, the Trump Administration stated it would postpone the implementation of the “International Entrepreneur Rule,” an Obama policy designed to facilitate immigrant entrepreneurs coming to the United States to help fund...more

Trump Administration Blocks Final Rule Creating Legal Immigration Status for Startup Entrepreneurs

by Pierce Atwood LLP on

The Trump Administration has delayed the effective date of an Obama Administration rule that would have provided a legal immigration status for foreign entrepreneurs. The rule, originally announced in January 2017, was...more

Homeland Security Temporarily Delaying Effective Date of International Entrepreneur Final Rule

by Cozen O'Connor on

On Tuesday, July 11, 2017, the Department of Homeland Security published notice in the Federal Register delaying the implementation of the International Entrepreneur Rule. After last month’s prediction that the Trump...more

Mexico’s Presence in Miami Is Here to Stay

The image of Mexicans in Florida is usually framed around the immigration debate raging in our country currently. But the Mexican influence and presence in Florida goes far beyond migrant workers picking crops in Homestead...more

Financial institutions M&A: Banks

by White & Case LLP on

Current market: - Upward - Systemically important banks are streamlining within geographic borders, continuing to generate deals through non-core disposals and strategic acquisitions...more

State regulation of foreign investments in Russia to undergo major changes

by Dentons on

The Russian Federation State Duma is adopting two draft laws at the same time amending the Strategic Investments Law. Contrary to the statements by Federal Antimonopoly Service representatives about “selective improvement” of...more

Cash Purchasers of Real Property Face Renewed Focus

by Sanford Millar on

In the course of our practice we represent foreign investors in real property. In addition to providing tax advice on how to best structure a real property investment we focus on advising our clients on how comply with...more

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