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National Security Screening Procedures

Benesch

Airline Security Threat Environment and Regulatory Compliance

Benesch on

Government reporting contains no shortage of signals that threat actors, including traditional terroristic actors, are eager to disrupt global shipping and supply chains. This threat environment of frequent negative headlines...more

Sheppard Mullin Richter & Hampton LLP

Protective Packaging: The EU’s Economic Security Package Changes the Landscape in Global Technology Controls

The EU plans to step up controls on its home grown technology. That is the short version. The longer version is a (pretty dry) recitation of the proposed legislation and whitepapers that were published last week as the...more

Morrison & Foerster LLP

Government Consults on Potential Changes to the UK’s Investment Screening Regime

Morrison & Foerster LLP on

On 13 November 2023, the UK government launched a Call for Evidence in relation to the operation of the UK National Security and Investment Act 2021 (the ‘NSIA’), inviting interested stakeholders to provide feedback on the...more

Cooley LLP

European Commission Publishes Third Annual Report on EU Foreign Direct Investments

Cooley LLP on

On 19 October 2023, the European Commission (EC) published its Annual Report on the screening of foreign direct investments into the Union, covering the year 2022. This is the third annual report published by the EC since the...more

Paul Hastings LLP

U.K. Investment Screening Powers Under Review

Paul Hastings LLP on

On 13 November 2023, the U.K.’s Deputy Prime Minister, Oliver Dowden, announced a Call for Evidence in relation to the current construct and application of the U.K.’s existing national security powers contained in the...more

King & Spalding

Executive Order Establishes New Outbound Investment Screening Program

King & Spalding on

Prohibitions targeted to prevent China’s exploitation of dual-use technology - On August 9, 2023, President Biden signed a historic Executive Order on Addressing United States Investments in Certain National Security...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - AUGUST 10, 2023

Lowenstein Sandler LLP on

On Aug. 9, President Joe Biden signed an Executive Order providing the framework for investment restrictions in China (including Hong Kong and Macau). The President has tapped the Department of the Treasury to oversee a...more

Morrison & Foerster LLP

High Walls and Small Gardens: Biden Administration Unveils Outbound Investment Screening

On August 9, 2023, President Biden issued a long-anticipated executive order (EO) to address investments by U.S. persons in companies that engage with certain categories of technology and products located in the People’s...more

Jones Day

Belgian Foreign Investment Screening Law Takes Effect

Jones Day on

In Short - The Development: The new Belgian foreign direct investment screening law ("FDI Regime") imposes preclosing filing requirements on non-EU investments into various industry sectors in Belgium, including energy,...more

Jones Day

Foreign Direct Investment Screening in the Netherlands: New Regime In Force

Jones Day on

In Short - The Development: On 1 June 2023, the Security Screening of Investment, Mergers and Acquisitions Act (Wet Veiligheidstoets investeringen, fusies en overnames) ("the FDI Act") entered into force, introducing a...more

White & Case LLP

Expansive FDI

White & Case LLP on

Dealmakers should be made aware that deals outside of traditionally sensitive sectors may face an FDI scrutiny. Last year, at least 20 transactions globally were blocked or abandoned due to national security or FDI...more

Orrick, Herrington & Sutcliffe LLP

5 Regulatory Issues to Consider When Acquiring a Business in the EU or UK

Companies considering an acquisition in Europe must navigate a regulatory and enforcement environment that can seem like a minefield. Here are five things they should consider amid unfolding legislative change and growing...more

Bass, Berry & Sims PLC

A First! President Hones Government’s Foreign Investment Review

Bass, Berry & Sims PLC on

On September 15, President Biden announced the issuance of Executive Order (EO) 14083 to sharpen the focus of inbound investment screening by more formally tying the role of the Committee on Foreign Investment in the United...more

Hogan Lovells

Second Annual Report on FDI Screening highlights importance of FDI in M&A transactions

Hogan Lovells on

In its Second Annual Report on the screening of foreign direct investment (FDI) into the Union, the EU Commission takes stock of the FDI screening rules at both EU and Member State level. Today, 25 out of 27 Member States...more

A&O Shearman

European Commission reports on operation of EU FDI screening mechanism

A&O Shearman on

With the EU FDI Regulation close to celebrating its second year anniversary, the European Commission (EC) has published its second annual report on EU FDI screening covering the operation of the mechanism in 2021. In...more

Skadden, Arps, Slate, Meagher & Flom LLP

Congress Reportedly Advances Broad Proposal for Outbound Screening of US Investments in Identified Countries of Concern, Including...

Bipartisan, bicameral support is mounting for legislation that would create a mandatory outbound investment screening regime to review U.S. investments in China and other countries identified by Congress as countries of...more

Hogan Lovells

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

Hogan Lovells on

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

Skadden, Arps, Slate, Meagher & Flom LLP

UK Government Provides Greater Clarity on New National Security Screening Rules

On 2 March 2021, the UK government published its response to a consultation on the sectors of the economy which are to be subject to mandatory notification under the new inward investment regime to be introduced by the...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Public M&A in 2020 – H2 Update

In this update, we consider certain key statistics, trends, developments and highlights regarding U.K. public M&A transactions governed by the U.K. City Code on Takeovers and Mergers (the Takeover Code) that were announced...more

Oberheiden P.C.

When Do U.S. Companies and Institutions Need to Be Concerned about National Security?

Oberheiden P.C. on

In today’s world, companies in various industries are increasingly running into issues that have national security implications. Research universities and other academic institutions can face issues involving national...more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - Spain

White & Case LLP on

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

White & Case LLP on

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

Jones Day on

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

ArentFox Schiff

National Security Podcast: US Government Zeros in on China

ArentFox Schiff on

Driven by national security concerns, over the past three years the US Government has taken a much more aggressive position on an array of technology issues involving China. These policy and regulatory changes range from...more

Jones Day

Foreign Direct Investment Screening in Europe and the Middle East

Jones Day on

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

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