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By any metric, Japan should have great appeal for foreign investors. It is an advanced economy with a strong market, established industrial base, renowned tech sector, a reputation for quality, and a stable and secure...more
Outbound foreign investments by U.S.-based companies in sensitive technologies may impact foreign companies from operating in the U.S. or doing business with U.S. companies. Mandatory filing requirements and high-profile...more
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
On 24 January 2024, the European Commission (EC) published its proposed reform of foreign investment screening in the EU. The proposal introduces more comprehensive rules for the review of foreign investments and strengthens...more
As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security...more
Foley recently cohosted a webinar with 4thly featuring a panel of legal and policy experts addressing President Biden’s New Outbound Investment Screening Program....more
In one of the most highly anticipated moves in recent U.S.-China relations, President Biden issued an Executive Order on August 9, 2023 (the EO), declaring a national emergency and restricting certain types of outbound...more
On August 9, 2023, President Biden issued an Executive Order (E.O.) ordering the issuance of outbound investment restrictions. This E.O. comes after nearly a year of anticipation (as we have documented on several occasions...more
On August 9, President Biden issued an executive order (E.O.) directing the U.S. Department of the Treasury (Treasury), in consultation with the U.S. Department of Commerce and other U.S. agencies, to adopt regulations that...more
On August 9, 2023, President Biden issued an Executive Order (E.O.) addressing certain outbound investments by U.S. persons in certain sensitive or advanced technologies or products involving certain “countries of concern.”...more
On August 9, 2023, after more than a year of deliberations, the Biden administration finally released an executive order (the Order) directing the Department of the Treasury (Treasury) to create a new regulatory program to...more
The UK prime minister recently declared the end of the so-called “golden era” of relations with China, adding that the closer economic ties of the previous decade had been “naive”. That assessment followed the UK government’s...more
In recent months, the tightrope Israel has been walking between its desire for cooperation with China and its commitment to maintaining normal relations with the United States has been stretched even further. The Israeli...more
On September 15, 2022, President Biden signed an Executive Order (EO) identifying economic sectors that merit special attention for review by the Committee on Foreign Investment in the United States (CFIUS or the Committee)....more
This year's version of the annual Committee on Foreign Investment in the United States (CFIUS) report, released on August 2, 2022, and covering calendar year 2021, has a Dickensian quality. As usual, it's a dense work. But...more
The Country's Premier Gathering of Government, Outside Counsel, Advisors, and In-House Executives - ACI’s 8th National Conference on CFIUS is back in person on April 26 – 27! Widely regarded as the premier event for the...more
The latest amendments build on last year’s reform, extensively expanding the sectors subject to a mandatory review. Key Points: ..The list of sectors in which investment in a German business triggers a notification...more
In this episode of the Burr & Forman podcast, partner Ty Roofner and Paola Garcia, the Vice President of Investment at ProColombia, discuss what ProColombia is and its goals as well as the impact the pandemic has had on the...more
The changes will expand the notification requirements for tech-related transactions significantly. The German federal government published a draft 17th amendment to the Foreign Trade and Payment Ordinance ("AWV"), which is...more
For many years, the European Commission (the Commission) has been the global leader in applying antitrust law to the technology sector. This year is no exception. Indeed, there have been a number of new European enforcement...more
As European nations increasingly focus on regulation of foreign direct investment (FDI), the UK Government recently announced changes to the Enterprise Act 2002, which underpins the UK’s merger control regime. Within the...more
On April 28, 2020, the Federal Ministry of Economic Affairs and Energy (BMWi) published a draft for the 15th amendment to the Foreign Trade and Payments Ordinance (AWV). The changes are expected to be effective shortly after...more
The Final Rules clarify requirements for foreign investments, including those transactions subject to CFIUS review and filing. On February 13, 2020, two Final Rules published by the US Treasury Department implementing...more
On January 31, 2020, the Federal Ministry for Economic Affairs and Energy (BMWi) presented a draft law amending the Foreign Trade and Payments Act (AWG-E) and forwarded it to selected trade associations for their comments....more