Last week, the Wall Street Journal reported that a Chinese state-controlled company had acquired an Italian maker of military drones back in 2018. While the Journal didn’t break the story, experts say the article highlights a need for stronger CFIUS-like regimes globally.
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National RegimesCanadian deals to get added scrutiny during pandemic
The government of Canada is the latest to announce it will give foreign investments added scrutiny during the COVID-19 pandemic. Details, the new policy, contacts and more are inside.
India unveils CFIUS-like policy on foreign investment
As expected, India this week announced its new policy on foreign direct investment from China. Details, a downloadable version of the policy, contacts and more are inside.
Proposed bill on 5G would impact UK whitelist status
Four U.S. Senators have proposed a bill that would rethink the United Kingdom’s place on the foreign investment “whitelist” if the country allows a Chinese firm to build portions of the UK’s 5G infrastructure. Details, the bill, and related resources are inside…
Japan
Japan’s Foreign Exchange and Foreign Trade Act, widely referred to as “The Forex Act,” implements Japanese import and export controls (among other things). Revisions to Forex were green-lighted by Japanese Prime Minister Shinzo Abe in October of 2019.
Israel
In October of 2019, the Israel Ministry of Foreign Affairs agreed that it would establish an advisory committee, led by the Finance Ministry, to evaluate national security aspects of foreign investments. Details on the regime have not been disclosed, but will be posted here ASAP.
Germany
Section 55 of the German Foreign Trade and Payments Ordinance enables the Federal Ministry for Economic Affairs and Energy to investigate whether the acquisition of a domestic company by a foreign entity poses a threat to public order or national security.
France
The country’s “Action Plan for Business Growth,” known as PACTE, includes a procedure that strengthens and expands authorization of foreign investment in order to better protect strategic sectors.
European Union
A new EU framework for the screening of foreign direct investments in the EU will apply starting Oct. 2020. Member states are required to notify the EU Commission about their national investment screening mechanisms.
China
Includes details on the Foreign Investment Law, which becomes effective on January 1, 2020. While intended to streamline foreign investment into China, the law includes provisions for protecting national security.
United States
Includes details on the Committee for Foreign Investment in the United States, widely known as CFIUS, as well as the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). Includes details on filing, trends, and more.
Australia
The Treasurer of Australia, in coordination with the Foreign Investment Review Board, can approve or deny a foreign investment application based on the impact on national security. Details inside.
United Kingdom
Sections 42 and 58 of the British Enterprise Act of 2002 enables the Secretary of State to intervene with mergers or other activities in the interests of national security.