Guidance

The latest commentary and resources on foreign investment compliance and guidance from the experts.

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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.

Public Stakeholder Briefings with CFIUS Staff

Transcript of live briefing on the proposed regulations implementing FIRRMA, including some of the first public statements by new CFIUS “team leader,” Assistant Secretary for Investment Security Tom Feddo.

Multi-Jurisdiction Guide for Screening for Foreign Investments

Outstanding 148-page PDF from the law firm of DLA Piper that looks at countries with screening mechanisms for foreign direct investments. Dated August 2019.

CFIUS Flowchart

Lots of law firms have published flow charts, but Foreign Investment Watch editors liked the simplicity of approach taken by Pillsbury Winthrop in this two-page document.

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.