Managing the UK and US Foreign Direct Investment Processes

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Wednesday, March 16, 2022
02:00 PM - 03:15 PM Greenwich Mean Time
10:00 AM - 11:15 AM Eastern Daylight Time

Join partners from Morgan Lewis’s Committee on Foreign Investment in the US (CFIUS) and Foreign Direct Investment (FDI) working group for a webinar on FDI in the United Kingdom and the United States. Our discussion will focus on the UK National Security and Investment Act (NSI Act) that came into effect on January 4, 2022. We will compare the changing landscape for investments that may raise national security concerns in the UK under the NSI Act and the US under the Foreign Investment Risk Review Modernization Act (FIRRMA), the underlying statute that authorizes CFIUS.

Topics will include:

  • An overview of the UK NSI Act—the introduction of a new mandatory filing regime, the UK government’s power to “call-in,” impose remedies or require the demerger of completed transactions, and the retrospective application of the NSI Act to transactions that completed before it came into force
  • Similarities to the US CFIUS regime
  • Due diligence—what’s changed and what remains the same
  • Managing an analysis of critical technologies—how does export control classification function within the FDI process
  • Mandatory versus voluntary submission analysis factors to consider when deciding whether to file a voluntary notice or declaration
  • Regulatory impact on cross-border private equity and venture capital investments
  • Trends since FIRRMA was enacted
  • Expectations moving forward