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National Security Critical Infrastructure Sectors Screening Procedures

White & Case LLP

The EU Commission releases its Fourth Annual FDI report showing continuity and heightened FDI regulation in the EU27

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On 17 October, the European Commission (EC) issued its Fourth Annual Report under Article 5(4) of the Foreign Direct Investments (FDI) Screening Regulation (the Regulation) along with an EC Staff Working Document (SWD). The...more

Hogan Lovells

EU foreign direct investment screening: lessons learnt after a year in motion

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In its First Annual Report on the EU Foreign Direct Investment (FDI) Screening Regulation and Member States’ individual screening mechanisms, the European Commission takes stock of the first year of implementation of the new...more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - Spain

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New measures enacted for the purpose of protecting the Spanish economy amid the COVID-19 crisis may persist longer than expected - The exceptional circumstances in the first and second quarters of 2020 brought about by...more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - Sweden

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Increased awareness of safety concerns related to foreign direct investments has prompted a ramp-up toward the implementation of a general FDI screening regulation - As of this writing, Sweden does not have a general FDI...more

Jones Day

Austria Introduces New Foreign Investment Screening

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Austria passed a new Investment Control Act ("ICA") expanding the screening of foreign investments ("FDI"), effective July 25, 2020. The Austrian rules on European FDI-cooperation will enter into force on October 11, 2020....more

Jones Day

Foreign Direct Investment Screening in Europe and the Middle East

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One effect of the COVID-19 pandemic has been to accelerate the implementation of new or stricter controls on inward-bound foreign direct investment activity ("FDI"), particularly in the European Union. For example, in March...more

Jones Day

Dutch Government Plans Retroactive Foreign Investment Screening in View of COVID-19 Crisis

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Proposed retroactive application could expose investments made as from June 2, 2020, to ex post scrutiny. On June 2, 2020, the Dutch Government ("Government") announced that it plans to apply a proposed comprehensive...more

WilmerHale

EU Issues Guidelines Regarding Screening Foreign Investment in Connection With Industries Critical for Combating COVID-19

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On March 25, the European Commission (Commission) issued new Guidelines for screening foreign direct investment (FDI) in companies and critical assets located in the European Union (EU), including those operating in the...more

Jones Day

French Foreign Direct Investment Rules Set for Overhaul

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The Situation: The French government issued on December 31, 2019, new rules substantially revising the French Foreign Direct Investments ("FDI") regulation. These new provisions mostly implement the recent PACTE law and the...more

White & Case LLP

Foreign direct investment reviews 2019: A global perspective: European Union

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A new European Foreign Direct Investment regulation harmonizing investment controls came into force . In response to increased foreign direct investments (FDI) into European technology assets and an increased call for the...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU Adopts Regulation on Foreign Direct Investments

On March 19, 2019, the European Union adopted a regulation for the screening of foreign direct investments into the EU (the Regulation). The Regulation sets forth national security factors that EU member states (Member...more

Jones Day

Jones Day Talks: Italy Embraces Foreign investment but Maintains Oversight

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Italy is ranked one of the top destinations for investment in the European union. Still, the Italian government wields the authority to review, and even prevent, investments by foreign entities seeking assets in certain...more

Akin Gump Strauss Hauer & Feld LLP

EU Foreign Investment Law In Force from April

• The new EU FDI Regulation provides a framework for screening foreign direct investments and will enter into force in mid-April. While China, Russia and other currently high-profile “foreign” countries are not expressly...more

White & Case LLP

New EU Foreign Direct Investment Regulation—Initial Steps towards Harmonized European Investment Controls

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Following completion of the Trilogue process, the three main EU institutions have agreed on a compromise for a new Regulation that gives the EU a largely procedural and coordinating function in connection with foreign direct...more

Akin Gump Strauss Hauer & Feld LLP

Germany Tightens Rules on Foreign Direct Investment

• On 19 December 2018, the German government adopted the 12th regulation for the amendment of the German Foreign Trade Regulation. The amendment, which came into force on 29 December 2018, expands the ability of the German...more

WilmerHale

EU and Germany Move to Further Tighten FDI Screening Process

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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

Orrick, Herrington & Sutcliffe LLP

Ten Key Points About CFIUS And Export Control Reform

Congress has agreed upon two pieces of legislation soon to be signed by the President that will provide for a major expansion in the (i) screening by the Committee on Foreign Investment in the United States ("CFIUS") of...more

Sheppard Mullin Richter & Hampton LLP

CFIUS for Europe? New Screening of Foreign Direct Investments in Europe

On September 13, 2017, the EU Commission released a proposed regulation establishing a framework for screening Foreign Direct Investments (FDI) in Europe. Several EU Member States have already implemented national mechanisms...more

Akin Gump Strauss Hauer & Feld LLP

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

Jones Day

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

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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

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