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In Conversation with: a series of discussions on the UK’s new foreign investment regime and how it compares to regimes across the world

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The UK Government has recently announced comprehensive and wide-ranging proposed reforms to its powers to scrutinise foreign investment. The long-awaited National Security and Investment Bill will mark a step-change to the Government’s enforcement powers, by introducing a standalone CFIUS-style foreign investment regime for the first time in the UK. The Bill provides for a mandatory notification obligation for sectors perceived to be of highest national security risk, with a voluntary regime for others.

This series of videos examines the interactions and implications of the NSIB with foreign investment regimes across the globe.

A transatlantic discussion: NSIB and CFIUS

In the first of a series of videos examining the interactions and implications of the NSIB with foreign investment regimes across the globe, we examine:

  • What are the differences between transactions that are called in, mandatory filings, and voluntary filings?
  • How could economic interests play a role in determining whether there is a trigger event?
  • How transparent will the NSIB process be?
  • Drawing on Jon’s experience at CFIUS, what should BEIS be thinking about in terms of staffing and coordination with other parts of the UK government and even other governments outside the UK?
  • What could NSIB mean for the UK’s status as an excepted country under CFIUS regulations?

A cross-channel discussion: NSIB, Germany and the EU

In this video we examine:

  • Whether the German or EU screening regime permits considerations beyond national security?
  • What do fund advisers or investors need to know in relation to the German regime?
  • What are screening timelines likely to be, and what happens when no filing has been made? 
  • What is the interplay with the Screening Regulation which came into force in October?
  • the interplay with the EU Screening Regulation; and
  • the treatment of the UK once it becomes a “third country”, after 31 December 2020

A discussion on the UKNSIB and Australia’s FATA

In the last in our series of videos, we examine:

  • The approach the Foreign Investment Review Board takes under the Foreign Acquisitions and Takeovers Act (FATA)
  • Whether decision making is overtly political in nature?  What due process controls are built into the process?
  • What do fund advisers or investors in limited partnerships need to know about notifiability under the Australian regime?
  • The track record so far under Australia’s long standing regime and any recent trends
  • Practical advice for clients tackling the question of investment into Australia

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