This section includes some of the latest commentary and guidance provided by experts in foreign investment and national security. If you have resources that you’d like us to consider for inclusion, send us an email »
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How Team Telecom Can Conduct Faster Reviews
Morgan Lewis partner David Plotinsky, who was previously acting chief of the DoJ’s Foreign Investment Review Section, proposes some targeted reforms to Team Telecom that could streamline the procedure for handling certain transactions, while simultaneously preserving the government’s ability to protect its interests.
Summary of Agriculture-Related Legislative Proposals
Renee Johnson at the Congressional Research Service created this concise 25-page PDF that summarizes many of the ag-related legislative proposals that Foreign Investment Watch has been covering for the last three years. Includes both legislation enacted and proposed, as well as “other ongoing actions” at the state-level.
Antitrust & Foreign Investment Legal Outlook 2023
According to the global law firm Linklaters, 2023 will be the year that global antitrust authorities implement and apply new tools designed to allow them to better support consumers. As a result, authorities are expected to find new ways to scrutinize M&A deals; the firm’s latest report provides details and helpful action items to consider.
CFIUS enforcement guidelines: Top 5 takeaways
Foreign Investment Watch covered the enforcement guidelines, but the law firm of Latham & Watkins does a nice job of outlining five key takeaways, including the fact that the Committee “is likely to take a more public and robust approach to enforcement,” particularly with respect to compliance with CFIUS mitigation agreements.
FDI Briefing for sovereign wealth funds
The International global law firm of Baker McKenzie partnered with the International Forum of Sovereign Wealth Funds to published this simple, easy-to-digest summary of key investment policy issues related to national security. The document included seven strategies for getting investments through the regulatory process.
FDI screening guide for 27 jurisdictions
The global professional services firm EY recently published an excellent foreign direct investment screening guide, which provides a snapshot of screening mechanisms from Australia and Cyprus to Switzerland and Vietnam. The guide covers sectors subject to FDI screening, requirements, timing, and more.
EC publishes list of screening mechanisms for Member States; contacts included
New European Commission rules that we wrote about last year require the EC to publish a list of all the Member States that have FDI screening mechanisms. The EC’s official list includes details by country, including relevant law, links, and contact information (when available).
Navigating the complicated universe of regulatory and other constraints related to national security
Excellent 20-page PDF from the law firm of Shearman & Sterling that looks at the complex matrix of regulations and organizations monitoring national security, from CFIUS and Team Telecom to export- and supply-chain controls at the Departments of Defense, State and Commerce.
Comparing FDI screening mechanisms in seven countries
Excellent table from Hogan Lovells that highlights differences in the foreign direct investment screening mechanisms in the U.S., UK, France, Spain, Germany, Italy and Australia. The document makes it easy to see at-a-glance how the countries handle filings, scope, timing, penalties, and more.
Foreign direct investment reviews 2019: A global perspective
Fantastic 48-page magazine from the law firm of White & Case that explains the rules for investing in countries that require approval. Includes country-by-country analysis of who files, scope, trends, and more.
Guide to Demystify the CFIUS Process
Excellent nine-page PDF from the law firm Baker Botts that aims to “demystify” the process. While focused primarily on China, the document includes nice plain-English descriptions of key elements, as well as helpful visual representations of timelines.