News & Analysis as of

Foreign Investment State-Owned Enterprises National Security

Davies Ward Phillips & Vineberg LLP

Canada Signals High Bar for Investment Canada Act Approvals for Acquisitions of Critical Minerals Businesses

Canada’s Minister of Innovation, Science and Industry (Minister) recently issued a Ministerial Statement on Net Benefit Reviews of Canadian Critical Minerals Companies. Transactions involving important Canadian mining...more

Cozen O'Connor

Canada Gets Tough on Chinese Investors

Cozen O'Connor on

Last year saw a fundamental shift in Canada’s trade policy. As the year dawned, Canada still permitted, perhaps even welcomed, investments by Chinese companies. By the end of 2022, however, the government had adopted what...more

Davies Ward Phillips & Vineberg LLP

Canada Moves to Strengthen National Security Review of Foreign Investments

The Canadian government has proposed legislation to update and reinforce its national security review process under the Investment Canada Act (ICA). The proposed changes contained in Bill C-34, National Security Review of...more

Davies Ward Phillips & Vineberg LLP

Canada Clamps Down on Foreign SOE Investments in Critical Minerals

The Canadian government announced a new policy on October 28, 2022 (the Policy) under the Investment Canada Act (ICA) governing investments by state-owned enterprises (SOEs) in Canada’s critical minerals sector....more

Stikeman Elliott LLP

Canadian Government Releases New Policy Regarding Foreign Investments from State-Owned Enterprises in Critical Minerals Under the...

Stikeman Elliott LLP on

On October 28, 2022, the Government of Canada released a policy providing additional clarity about how the Investment Canada Act (ICA) will be applied to investments in Canadian entities and assets in critical minerals...more

Holland & Knight LLP

China Task Force Has Concerns with Foreign Investments Outside Jurisdiction of CFIUS

Holland & Knight LLP on

In a letter sent to President Joe Biden on April 19, 2022, the Republican-led, special congressional task force known as the China Task Force (CTF) expressed concerns over the takeover of Newport Wafer Fab (NWF), a Welsh...more

K2 Integrity

The United Kingdom, Germany, and Canada Unveil Updates to Investment Screening Regimes

K2 Integrity on

The United Kingdom, Canada, and Germany have unveiled updates to their foreign investment screening regimes to improve each country’s ability to address foreign investments involving critical technology. These updates will...more

Blake, Cassels & Graydon LLP

Loi sur Investissement Canada : Nouvelles lignes directrices sur l’examen relatif à la sécurité nationale

Les examens des investissements étrangers en vertu de la Loi sur Investissement Canada (la « LIC ») demeurent une priorité dans le contexte économique et politique actuel au Canada. Le 24 mars 2021, le gouvernement du Canada...more

Blake, Cassels & Graydon LLP

New National Security Review Guidelines and Other Important Updates on the Investment Canada Act

Reviews of foreign investments under the Investment Canada Act (ICA) remain a priority item in the current economic and political climate in Canada. On March 24, 2021, the Government of Canada (Government) updated its...more

White & Case LLP

CFIUS Finalizes New FIRRMA Regulations

White & Case LLP on

Nearly a year and a half after the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) was enacted, authorizing the most substantial overhaul of the Committee on Foreign Investment in the United States (CFIUS)...more

Jones Day

Germany Plans New Restrictions For Foreign Investors and Technology Transfers - On November 29, 2019, the German government...

Jones Day on

Over the past few years, Germany has strengthened the AWV regime. In parallel, the relevance of Germany's foreign direct investment control investigations for M&A transactions involving non-EU investors has grown. Even...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – October 2019

King & Spalding on

On September 17, 2019, the Committee on Foreign Investment in the United States (“CFIUS”) published two Proposed Rules to implement most of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”). CFIUS is an...more

Faegre Drinker Biddle & Reath LLP

How the Latest CFIUS Regulations Will Impact U.S. and Non-U.S. Companies and Investors

The U.S. Treasury Department recently signaled that it is close to finalizing new regulations that will apply to investments by non-U.S. investors in U.S. companies, assets, and real estate subject to review under the...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

WilmerHale

China Rolls Out New Draft Foreign Investment Law

WilmerHale on

China has accelerated its foreign investment legislative process, in part as a goodwill gesture before resuming face-to-face trade talks with its U.S. counterparts. The National People’s Congress released the Draft PRC...more

Dechert LLP

EU to Enhance National Security Screening of Foreign Direct Investment (FDI)

Dechert LLP on

The EU has agreed in principle on a strengthened framework to ensure that foreign investment does not threaten security and public order, while keeping the EU open to foreign investment. The draft FDI Regulation does not go...more

Akin Gump Strauss Hauer & Feld LLP

New Sanctions on Russian Businessmen: Impact on Investment Funds

On April 6, 2018, the Office of Foreign Assets Control (OFAC) of the U.S. Treasury Department sanctioned a number of Russian businessmen and companies, as well as Russian government officials and two state-owned entities. The...more

Pillsbury Winthrop Shaw Pittman LLP

Congress Urged to Block Certain Chinese Investments in the U.S.

On November 16, 2016, the U.S.-China Economic and Security Review Commission (USCC) issued its 2016 Annual Report to Congress, which included 20 recommendations on Congressional action to be used for assessing progress and...more

Orrick, Herrington & Sutcliffe LLP

Towards a UK Investment Act?

Against the background of UK policy moving towards a more nationally-led trade and investment policy following this summer’s referendum, the new UK government is still in the process of establishing its policies regarding...more

Bennett Jones LLP

Doing Business in Canada: Foreign Investment

Bennett Jones LLP on

In addition to certain industry sector regulations that may apply, both the Investment Canada Act and the Competition Act subject foreign investments to review in Canada. While the Canadian government encourages foreign...more

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