News & Analysis as of

Foreign Direct Investment

Mandatory Reporting for U.S. Entities in 2018 Regarding Foreign Direct Investment

In early 2018, the U.S. Department of Commerce's Bureau of Economic Analysis (BEA) will issue its mandatory five-year benchmark survey to obtain data on foreign direct investment (FDI) in the United States. The survey, known...more

The Rise of Western Protectionism Is Set to Impact Global M&A

by Proskauer Rose LLP on

This year has seen a surge in western protectionist sentiment as a number of countries have sought to introduce legislation to tighten their laws on foreign investment and public interest issues. In Europe, the European...more

News Flash: Kleptocrats Still Taking Bribe Money With One Hand and Laundering it With the Other

The summer of 2017 saw the U.S. Department of Justice’s docket still teeming with Foreign Corrupt Practices Act (FCPA) cases. In this post, we draw a few lessons from three of them, which bring together three threads that...more

National security reviews 2017: A global perspective — Japan

by White & Case LLP on

Past deals have almost all been approved, but 2017 amendments to FEFTA widened the scope of review and strengthened enforcement mechanisms - Under the Foreign Exchange and Foreign Trade Act (FEFTA), the Ministry of...more

U.S. Congress Introduces Legislation to Change Foreign Direct Investment Review

by Jones Day on

Congress recently introduced two pieces of legislation that could significantly change foreign direct investment review in the United States. The Foreign Investment Risk Review Modernization Act of 2017 ("FIRRMA") seeks to...more

Congress Introduces Bill to Expand CFIUS’s Review Authority

by Ropes & Gray LLP on

A bipartisan group of U.S. lawmakers introduced identical bills in the House and Senate on Wednesday to broaden the authority of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), an...more

National security reviews 2017: A global perspective — European Union

by White & Case LLP on

European investment screening "light" — first steps towards European investment controls - Due to the significant increase of foreign direct investment into European technology assets over the past 18 months, particularly...more

South Africa is open for business…but is anyone buying?

by Hogan Lovells on

If you read any good South African business or financial news publication, I would wager that you will stumble upon an article which reads something like – "local and foreign investors hoarding cash in their banks...more

Important amendments were introduced into the export-import regulations of Uzbekistan

by Dentons on

On 6 November 2017, the Resolution of the President of the Republic of Uzbekistan “On measures for further liberalization of foreign trade activity and support of business entities” entered into force (the Resolution)....more

Foreign investment filings and merger control filings: navigating the European and global regulatory seas when your company...

by Hogan Lovells on

The European Union (EU) has recently proposed new rules establishing a framework for the review of foreign investments in the EU on the grounds of security or public order (“Commission Proposal”)....more

Pivot to Arbitration: China Embraces Arbitration to Promote Investment

In the past several months, China has adopted new arbitration rules and unveiled a new arbitration center to help resolve the inevitable international disputes arising from the development of The Silk Road Economic Belt and...more

Proposal for a regulation establishing a framework for screening of foreign direct investments into the European Union: What...

by Dentons on

On September 13, 2017, the Commission published a proposal for a regulation establishing a framework for screening of foreign direct investments into the European Union (hereinafter the “Regulation Proposal”)....more

EU to Establish a Framework for Screening Foreign Direct Investment

by WilmerHale on

On September 13, 2017, the European Commission issued a proposal for a Regulation establishing a framework for screening foreign direct investment (“FDI”) in the European Union (the “Proposal” or “Proposed Regulation”). The...more

Investment Management Special Report - 2017-18 Compliance Developments & Calendar for Private Fund Advisers

Introduction - Despite an anticipated de-regulatory push, there are significant new regulatory concerns for investment advisers to address in connection with their annual review of their compliance manuals....more

New EU screening mechanism on foreign investment

by DLA Piper on

The European Commission has proposed to establish a mechanism for screening foreign direct investment into the EU. The new screening mechanism will streamline EU policies when foreign investors acquire strategic assets in the...more

Review of foreign investments in the European Union on grounds of security and public order: a fair balance between market...

by Dentons on

Foreign Direct Investments (FDI) are investments by private individuals, commercial entities or governments, aimed at acquiring and/or controlling a business or property outside of their home jurisdiction on a lasting and...more

Foreign investment control in Germany: Berlin Wall rebuilt or storm in a water glass? Germany’s new rules on foreign direct...

by Allen & Overy LLP on

Speed read - Just a few weeks after Germany amended its rules on foreign direct investment (FDI) control, European Commission President Juncker announced a legislative proposal for, and the European Commission published a...more

European Commission Proposes Framework to Screen Certain Foreign Direct Investments

by Latham & Watkins LLP on

Proposal coordinates existing national screening mechanisms, grants the Commission powers to review investments of “Union interest.” European Parliament and Member States’ approval still required. Key Points: On 13...more

Chinese Buyers Act Quickly – Parallel UK & EU Foreign Takeover Control Systems Proposed

by Bryan Cave on

On the 13th September 2017 Jean-Claude Juncker, the European Commission President, unveiled a framework for investment screening for certain foreign mergers in his “State of the Union” address to the European...more

New EU Law on the Screening of Foreign Direct Investments in Europe

• The European Commission has released a set of documents, including a proposal for an ‘FDI Regulation,’ which sets out an EU framework for screening foreign direct investments. • This proposal would grant the European...more

European Commission Proposes Screening Mechanism for Foreign Direct Investment into the European Union

by Jones Day on

The European Commission ("Commission") has published a legislative proposal that seeks to establish a screening framework across the European Union ("EU") for foreign direct investment ("FDI") that may affect security or...more

European Commission proposes common approach to foreign direct investment screening

by Allen & Overy LLP on

European Commission (EC) President Juncker has outlined legislative measures on the screening by EU Member States of foreign takeovers and investments. The new screening system aims to improve cooperation and coordination...more

European Commission proposes a Regulation establishing a framework for the review of foreign direct investments into the EU

by White & Case LLP on

Key Takeaways - Regulation introduces an EU review process with screening rights for the Commission, but without enforcement powers - Impact of Regulation expected to be largely procedural; practical consequences...more

Update on Chinese Outbound Investment Policies

by Jones Day on

China's State Council recently issued a new notice ("New ODI Guidelines") as a follow-up to the overseas investment control policy that it announced in December 2016. The New ODI Guidelines provide further guidance regarding...more

AFRICA - A Legal Guide for Business Investment and Expansion: Zimbabwe

1 .What role does the government of Zimbabwe play in approving and regulating foreign direct investment? The Government established the Zimbabwe Investment Authority (ZIA) to promote, coordinate and approve investment...more

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