News & Analysis as of

National Security Committee on Foreign Investment in the United States Germany

BCLP

Foreign Direct Investment: Key Recent and Future Developments in Europe and the US

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At a time of significant geopolitical challenges, many jurisdictions are looking at their investment screening regimes to ensure that they can adequately safeguard national security and public order. Within this context,...more

BCLP

FDI Regulation in the US, UK, France & Germany

BCLP on

The regulation of foreign direct investment (“FDI”) has become an increasingly important feature of the regulatory landscape for investors. Globally, there is a trend towards greater FDI restrictions although the degree and...more

White & Case LLP

Foreign direct investment reviews 2023: A global perspective

White & Case LLP on

Now in its seventh year of annual publication, White & Case's Foreign Direct Investment Reviews provides a comprehensive look into rapidly evolving foreign direct investment (FDI) laws and regulations in approximately 40...more

White & Case LLP

Germany prohibits sale of two companies to Chinese investors – FDI scrutiny in full swing

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In an unprecedented double-strike, the German government recently blocked two transactions pertaining to Chinese investments in German semiconductor facilities. Just two weeks before, the cabinet had already intervened...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

Skadden, Arps, Slate, Meagher & Flom LLP

Focus on Foreign Access to Technology and Data Continues as CFIUS — and Others — Flex National Security Muscles

With strengthened legislative mandates and significant regulatory reform in place, the U.S. government’s national security focus on protecting sensitive technology and data continues to gather steam. Although exactly what...more

Morrison & Foerster LLP

INSTEX and Europe’s “Legitimate Trade” with Iran - Skepticism prevails as Instrument for Supporting Trade Exchanges (INSTEX) is...

Three weeks ago, France, Germany, and the United Kingdom (the “E3”) created INSTEX SAS (Instrument for Supporting Trade Exchanges, INSTEX), an entity designed to enhance business between the EU and Iran and to serve as a core...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

Latham & Watkins LLP

New UK National Security M&A Regime Expected in 2019

Latham & Watkins LLP on

In June 2018, the UK adopted new powers to review certain technology related deals on national security grounds, extending the scope and breadth of its control regime to those that concern computing hardware, or quantum...more

WilmerHale

EU and Germany Move to Further Tighten FDI Screening Process

WilmerHale on

The past two weeks have seen two major developments in relation to the screening of foreign direct investment in the European Union (“EU”) for national security or public order reasons. First, on December 10, 2018, the EU...more

Jones Day

Germany Blocks Two Transactions Involving Chinese Investors on National Security Grounds

Jones Day on

The Situation: Germany prevented State Grid Corporation of China ("SGCC") from acquiring a 20 percent minority stake in 50Hertz, one of Germany's four providers of high-voltage transmission systems, as well as the acquisition...more

Proskauer Rose LLP

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

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

Latham & Watkins LLP

Can Overseas Bidders Guard Against M&A Risks in An Increasingly Economically Nationalist Europe?

Latham & Watkins LLP on

Growing economic nationalism is threatening to impact M&A across Europe, as governments and regulators take an increasing interest in “foreign” acquisitions of nationally important companies. Deal teams have previously...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS Effectively Blocks German Acquisition of U.S. Technology Company

Cree Inc. (“Cree”), the U.S.-based LED lighting and semiconductor company, announced last month that it is terminating its agreement to sell its Wolfspeed Power & RF division (“Wolfspeed”) to Infineon Technologies AG of...more

Dechert LLP

Following CFIUS Recommendation, President Obama Blocks Chinese Acquisition of US-German Semiconductor Equipment Manufacturer

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President Obama issued an executive order on December 2, 2016 blocking the sale of the U.S. business of Aixtron SE (“Aixtron”), a German semiconductor manufacturer, to a German subsidiary of a Chinese fund, Fujian Grand Chip...more

Orrick, Herrington & Sutcliffe LLP

Six Crucial Points About the Prohibition on Chinese Investors' Acquisition of U.S. Aixtron Operations

On December 2, President Obama, acting under the Exon-Florio law, blocked the planned acquisition by China's Fujian Grand Chip Investment Fund LP ("Fujian Grand Chip"), a Chinese investment fund, of the U.S. operations of...more

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