News & Analysis as of

Foreign Investment

What does the relaxation of foreign ownership rules in the UAE mean for franchising?

by Dentons on

The Cabinet of Ministers of the United Arab Emirates (UAE) recently issued Federal Law No. 18 of 2017, which amended certain provisions of the UAE commercial companies law (Federal Law No. 2 of 2015) (the CCL). The new law...more

Trump Administration: 2017 Recap and 2018 Outlook

On January 20, 2017, businessman Donald J. Trump was sworn in as the 45th President of the United States following a contentious and unconventional 2016 presidential election. Republicans also successfully maintained control...more

Mexico Signs ICSID Convention

On January 11, 2018, Mexico became the 162nd country to sign the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention or the Convention)....more

Trade & Manufacturing - January 2018

by King & Spalding on

January 2018 CFIUS Legislative Update - The Committee on Foreign Investment in the United States (CFIUS), an inter-agency committee authorized to review transactions that could result in control of a U.S. business by a...more

Mexico Signs the ICSID Convention that Protects Foreign Investors

by Dorsey & Whitney LLP on

On January 11, 2018, the International Centre for Settlement of Investment Disputes (ICSID) of the World Bank in Washington D.C. announced that the United Mexican States' Secretary of the Economy, Ildefonso Guajardo...more

Chinese Investments and the Committee on Foreign Investment in the United States

by Jones Day on

The Situation: Transactions involving Chinese investors continue to receive increased scrutiny by CFIUS. The Result: Chinese investments in the United States can face an uphill battle at CFIUS....more

Consecuencias para México Tras Suscribir el Convenio del CIADI

by Holland & Knight LLP on

Desde hace más de dos décadas, México ha impulsado políticas para fomentar el ingreso y participación de la inversión extranjera en las actividades económicas del país. Sin embargo, y a pesar de ser uno de los 10 países más...more

Consequences for Mexico After Subscribing to the ICSID Convention

by Holland & Knight LLP on

For more than two decades, Mexico has promoted policies to encourage the entry and participation of foreign investment in the country's economic activities. However, despite being one of the 10 most active countries in...more

Administrative Measures for Overseas Investment by Enterprises – Highlights and Developments

by Reed Smith on

Recently, the NDRC issued China’s new Administrative Measures for Overseas Investment by Enterprises, which will come into effect on 1 March 2018. Chinese investors shall abide by the new rules and be subject to relevant...more

In-fo’ a CFIUS Review: The Expanding Power of CFIUS through Data Security Scrutiny

CFIUS is expanding its reach. Where the Committee on Foreign Investment in the United States has generally scrutinized foreign acquisition of U.S. “critical infrastructure,” it has now signaled that it may look closely at any...more

January 2018 CFIUS Legislative Update

by King & Spalding on

The Committee on Foreign Investment in the United States (CFIUS), an inter-agency committee authorized to review transactions that could result in control of a U.S. business by a foreign person, is the primary tool available...more

Pre-Revenue Biotech Companies Cleared to List on Hong Kong Stock Exchange

by Jones Day on

The Situation: The Hong Kong Stock Exchange’s failure to recognize that investors are able to evaluate biotech companies in the pre-revenue stages, and its consequent refusal to list those companies for trading, is viewed by...more

CFIUS Reform: Legislation Proposed to Strengthen National Security Reviews

by BakerHostetler on

A little-known but powerful U.S. government committee is gaining the attention of Congress. In November 2017, members of the U.S. House and Senate introduced companion legislation that would update the national security...more

CFIUS’s Concerns With Chinese Investments and Acquisitions in the U.S.

by Garvey Schubert Barer on

On January 2, 2018, the Committee on Foreign Investment in the United States (CFIUS) rejected Ant Financial’s plan to acquire U.S. money transfer company MoneyGram International over national security concerns. According to...more

CFIUS in 2017: A Momentous Year

It has been at least a decade since the Committee on Foreign Investment in the United States (CFIUS) was the subject of as much focus, change, and consequence as it was in 2017. Please see full Newsletter below for more...more

Foreign Investment Control Heats Up: A Global Survey of Existing Regimes and Potential Significant Changes on the Horizon

by Jones Day on

Mergers and acquisitions by multinational companies require attention to foreign investment controls around the world, and such controls vary widely. For example, requirements for determining whether such controls apply, the...more

Clarity for Offshore Distributions by Ontario Issuers: OSC Adopts Rule 72-503 Distributions Outside Canada

On December 21, 2017, the Ontario Securities Commission (OSC) adopted OSC Rule 72-503 Distributions Outside Canada (Rule 72-503) and Companion Policy 72-503CP (72-503CP, and together with Rule 72-503, the Final Rule). The...more

M&A Watch: Ant Financial and MoneyGram Terminate Merger Agreement Due to CFIUS Concerns

by Shearman & Sterling LLP on

MoneyGram International Inc. and Ant Financial Services Group recently announced the termination of their agreement providing for the acquisition of Texas-based money transfer company MoneyGram by China-based Ant Financial...more

China defers 10 percent withholding tax on dividend income reinvested into Encouraged Industries

by DLA Piper on

Prior to 2008, foreign investors were generally exempt from withholding income tax on dividend income derived from their investment in China under the prior PRC Enterprise Income Tax Law for Foreign Invested Enterprises and...more

3 Real Estate Trends To Watch In 2018

Orrick’s Michael Haworth recently spoke with Law360 about real estate trends to watch in 2018. Michael noted that "a lot of what's going to drive future investment in the U.S. real estate market is activities in the major...more

Relaxation of rules restricting foreign ownership of UAE companies

by Dentons on

The Cabinet of Ministers of the United Arab Emirates (UAE) recently issued Federal Law No. 18 of 2017, which amended certain provisions of the UAE commercial companies law (Federal Law No. 2 of 2015) (the CCL). The new law...more

Continuing Resolution extends EB-5 Program until January 2018

by Cozen O'Connor on

As expected, the House and the Senate passed a Continuing Resolution (the “CR”) last week which extended the Federal budget until January 19, 2018. It is expected that the President will sign the CR. This new short-term...more

CFIUS Reconstructed: The Foreign Investment Risk Review Modernization Act of 2017

by Latham & Watkins LLP on

The proposed Foreign Investment Risk Review Modernization Act would bring substantial changes to CFIUS review. Key Points: ..FIRRMA could speed review of certain transactions. ..It would provide for increased...more

Breaking EB-5 Alert: EB-5 Regional Center Program Extended

In a late-night vote, the House and Senate passed and sent to the White House a continuing resolution that prevented a government shutdown and extended the EB-5 Regional Center Program until January 19, 2018. As we reported...more

OHADA's 17 African States Adopt the Uniform Act on Mediation

by Jones Day on

The Situation: In November 2017, 17 states of sub-Saharan Africa adopted the Uniform Act on Mediation. The Result: The practice of mediation, although it already has legislative support in Burkina Faso, Ivory Coast, and...more

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