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On June 3, 2021, President Biden issued a Memorandum on Establishing the Fight Against Corruption as a Core United States National Security Interest (the “Memo”).[1] The Memo instructs over 15 US Federal Government departments and agencies to conduct an interagency review to examine corruption as a national security threat and jointly develop a strategy that will significantly enhance the United States’ ability to combat corruption. This review and mandate established by the Memo represents…

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…

IT is essential for all industries including strategic ones like energy, public utilities, telecommunication, health care, finance, military which are usually captured by foreign investment screening regimes in several jurisdictions. Below we look at how IT assets and IT service providers are directly or indirectly subject to FIR in Hungary.   In Hungary there are two main regimes applicable to foreign investment screening. The Foreign Investment Screening Act (“FIR1”) was introduced in 2018 and it…

The US Department of Agriculture (“USDA”) has published a request for comments on supply chains for the production of agricultural commodities and food products under the America’s Supply Chains Executive Order (“Supply Chain EO”). Issues for comment include processing and distribution, capacity and access issues in food production, and a range of risks that may impact supply chains. The USDA is the fourth agency to issue a request for comments under the Supply Chain EO.…

On March 26, the Japanese government approved a new bill: the “Bill on the investigations and regulations of the use of lands and buildings in neighboring areas of certain important facilities and remote islands that are adjacent to borders”[1] (“Bill”). The Bill, which grants authority to investigate and regulate the purchase and use of land and buildings which are in close proximity to defense facilities and important infrastructure[2], was submitted to the Diet on the…

An amendment to the Critical Infrastructure Act introducing a brand-new foreign direct investment screening mechanism to Slovakia entered into force on 1 March 2021. The mechanism introduces an obligation to notify changes in the ownership structure of operators of elements of critical infrastructure, as well as a screening mechanism for ownership changes in narrowly-defined industries, which have become subject to examination by the Ministry of Economy and, in certain cases, subsequent approval by the Slovak…

Date: Wednesday 2 December 2020Time: 2 – 3 pm (GMT) Registration link: here The UK’s foreign investment landscape is heading for a complete overhaul. On 11 November 2020, the UK Government introduced a new law that significantly expands its powers to review transactions on national security grounds, in line with global trends of increasing regulatory scrutiny of incoming foreign investments. Baker McKenzie has analysed the new law and regulatory impact for businesses in detail so that…

On September 15, 2020, the Treasury Department published the anticipated final rule modifying the scope of the critical technology filing requirement under the regulations of the Committee on Foreign Investment in the United States (“CFIUS”). The final rule tracks the proposed rule issued on May 21, 2020 in aligning more closely filing requirements for foreign investments with export licensing requirements. Effective October 15, 2020, filings will be mandatory for foreign investments in US critical technology…

On July 28, 2020, the Department of the Treasury issued a final rule formally implementing filing fees for formal notices of transactions submitted to the Committee on Foreign Investment in the United States (“CFIUS”). CFIUS filing fees were previously established in an interim rule on April 29, 2020, and are assessed on a sliding scale between $0 and $300,000, depending on the value of the transaction. In addition, the final rule also narrows the definition…