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Foreign Investment State-Owned Enterprises

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

WilmerHale

New Chinese Regulation on Fair Competition Review

WilmerHale on

On June 6, 2024, Premier Li Qiang signed a State Council decree introducing the Regulation on Fair Competition Reviews (the Regulation) effective August 1.  According to the Regulation, administrative agencies and...more

Stikeman Elliott LLP

New Public Register Proposed for Advocates of Foreign State-Owned and Controlled Enterprises (UPDATE)

Stikeman Elliott LLP on

Update: Bill C-70, the Countering Foreign Interference Act, has been passed by Parliament and received Royal Assent on June 20, 2024.  The only amendment made to the Foreign Influence Transparency and Accountability Act, as...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...

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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

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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

Morgan Lewis

Mexico Targets Foreign Investors in Oil and Gas Sector with Proposed Changes to Hydrocarbon Law

Morgan Lewis on

Mexico’s President Andres Manuel Lopez Obrador introduced a legislative initiative on March 26 to reform Mexico’s Hydrocarbon Law (the Hydrocarbons Reform) that is aimed to impair investors in the sector. While the...more

King & Spalding

AMLO Proposes New Legislation to Regulate the Oil & Gas Industry

King & Spalding on

On March 26, 2021, the President of Mexico, Andrés Manuel López Obrador (“AMLO”), sent a new bill to Congress intended to amend the Federal Hydrocarbons Law (the “Hydrocarbons Bill”). This is AMLO’s latest attempt to upend...more

Orrick, Herrington & Sutcliffe LLP

The Practical Implications of the EU-China Investment Deal

On December 30, 2020, the EU and China announced the conclusion of the negotiations of the investment treaty, the EU-China Comprehensive Agreement in Investments (CAI). The CAI represents a strategic opportunity for EU...more

Thomas Fox - Compliance Evangelist

The Significance of Opinion Release 20-01

For the first time in six years, the Department of Justice (DOJ) has released an Opinion Release, denominated 20-01. At first blush it appears to be a straight-forward recitation of the equivalent of black letter law in the...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

McDermott Will & Emery

Special Report - Chinese Outbound Investments - The Regulatory Landscape

McDermott Will & Emery on

CHINESE OUTBOUND INVESTMENTS – THE SELLER’S PERSPECTIVE - 1. CHINESE REGULATION – 1.1 The Chinese Regulations Applicable to Chinese Outbound Investments – Generally, any outbound investment by a Chinese enterprise...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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

As President Xi’s Power Grows, So Does China’s Presence on World Stage

In October 2017 at the Chinese Communist Party National Congress, President Xi Jinping consolidated his hold on power and cemented himself as what many commentators are calling the most powerful Chinese leader since Mao...more

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