Following the successful launch of our inaugural virtual Annual Compliance Conference in 2020, attracting close to 2,500 in-house senior legal and compliance professionals from across the world, we will return this year in a virtual format to deliver our cutting-edge insights and guidance on key global compliance issues, as businesses and enforcement agencies transition to a new post-pandemic global compliance and investigations landscape. Held across five weeks from 6 September – 8 October 2021, we…
What are the latest developments? On 20 July 2021, the UK Government announced that the National Security and Investment Act 2021 (“NSI Act” or “Act”) will enter into full force on 4 January 2022. To help businesses and investors prepare for the commencement of the regime, the Government also published alongside this announcement a series of further guidance notes and materials (see here). As mentioned in our previous blog posts on this topic (see here,…
The White House has issued an Executive Order on Addressing the Threat from Securities Investments that Finance Certain Companies of the People’s Republic of China, expanding on the existing ban on investing in certain Chinese companies. This Executive Order addresses the use of Chinese surveillance technology in facilitating human rights abuses and repression around the world. The US will have the power to prohibit US persons investing in Chinese companies that may be seen to…
To highlight recent developments in foreign direct investment restrictions in Germany, Baker McKenzie has published a podcast setting out what businesses should be aware of, and what the German regulator will look for. Produced in partnership with Concurrences, our foreign investment experts Samantha Mobley and Anahita Thoms discuss these developments with Angelika Milger, a member of the Investment Screening team at the German Federal Ministry of Economic Affairs. This is the first in a series…
Chancellor Rishi Sunak will launch a consultation in the coming weeks on a proposal to enable the National Security Council to prevent companies from listing on London’s financial markets over national security concerns. Decisions regarding the eligibility of companies to list in London are currently made by the UK Listing Authority, a part of the Financial Conduct Authority (“FCA”). A Treasury spokesperson confirmed the plan to create a targeted new power to block listings that…
As part of its updated 2020 Industrial Strategy, the EU Commission noted that the pandemic has highlighted the trading bloc’s technological and industrial strategy dependencies, which need to be analysed and addressed as part of Europe’s economic recovery. The Commission identified 137 products out of 5,200 products imported into the EU (representing 6% of the value of the EU’s total import value of goods) on which the EU is highly dependent in notably sensitive sectors.…
The National Security and Investment Bill was granted Royal Assent on 29 April 2021, becoming law as the National Security and Investment Act 2021. The UK Government announced in a press release that the regime is expected to commence towards the end of this year. The Act received broad cross-party support in Parliament and is part of a global trend towards increased powers for States to review foreign investments on national security grounds. Business Secretary…
The National Security and Investment Bill is expected to receive Royal Assent on 29 April 2021, following agreement between both Houses of Parliament yesterday. Amendments accepted by the House of Commons include increasing the threshold for mandatory notifications from 15% to 25%, as reported in our previous blog. We will shortly be publishing a client alert on the implications for deals already in progress.
On 27 April 2021, the UK Government announced the formation of the UK Investment Council (the “Council”), with the aim of helping the Government make the UK more attractive to foreign investment. The Council will provide a platform for “influential global investors” to offer high level advice to the Department of International Trade (“DIT”), highlighting their perspectives, priorities and concerns on UK inward investment. Chaired by the Minister for Investment at the DIT, Lord Grimstone,…
As flagged in our previous blog post accessible here, the UK Government has now confirmed, at the House of Lords Report Stage on 15 April, the removal of the 15% threshold for mandatory notification under the National Security and Investment Bill (“NS&I Bill”) regime. This is the first significant amendment to the draft regime in the UK Parliamentary process, and will reduce materially the scope of transactions subject to notification requirements. The threshold for mandatory…