Find a lawyer News Worldwide Contact us Freshfields Bruckhaus Deringer Search About us Our thinking What we do Careers HomeOur thinkingForeign investment monitor Foreign investment monitor Issue 3 2021 FI Monitor Issue 3, 2021 Welcome to the third edition of Foreign investment monitor In our final report of 2021, we take a deep-dive into three critical facets of foreign investment screening. First, our team in Washington analyze the evolution of the Committee on Foreign Investment in the United States (CFIUS) under the Biden administration. Since entering the White House the president has continued his predecessor’s assertive approach to China, while CFIUS’s work to strengthen its bench and improve its processes has boosted its ability to identify and investigate deals regardless of their origins. Looking ahead, it’s possible CFIUS will receive the power to review non-controlling investments in a broader range of sensitive technologies – and it’s even possible the government may gain the ability to scrutinize US outbound investments into China as it doubles down on the security risks of domestic businesses with strong ties to the PRC. Next up we review the European Commission’s first annual report into the impact of the EU’s FDI Screening Regulation. Published in late November, it paints a fascinating picture of inbound investment into the EU and points to future reforms that are set to transform Europe’s notification process. The issue of emerging technologies and sensitive sectors is the subject of our third article – specifically how foreign investment regimes assert jurisdiction over these transactions and how investors can assess whether their deal requires mandatory filing. We examine the core characteristics of national regimes from the US to Australia, and pinpoint where the regulations in several important locations draw the line. Then, we look at how foreign investment rules apply to companies pursuing stakebuilding strategies in the public markets. Corporate leaders buying listed securities are well-versed in the requirements of mandatory offer regimes and merger control regulations, but it’s often less clear how to navigate the rapidly evolving FDI landscape. Our experts clarify the filing thresholds in key jurisdictions around the world and offer practical tips for dealmakers on how to structure their M&A transactions. Finally, we would like to extend our sincere thanks to you for reading FI monitor since we launched in April 2021. We hope you have enjoyed the articles, and as ever if you would like to discuss any FDI issue in more detail we would be delighted to arrange a meeting. Likewise, we would welcome your feedback on how to improve the monitor and your ideas for topics to cover in future editions. Print UK Introduction One year on, China remains in CFIUS’s sights Year one of the EU Commission’s Screening Regulation Sensitive technologies and services How do FDI rules interact with stakebuilding strategies? Foreign investment monitor archive Print Download the PDF Foreign investment regulation Learn more about our services here Sign up to our FI Monitor newsletter One year on, China remains in CFIUS’s sights European Commission looks back on first year of EU FDI Screening Regulation Sensitive technologies and sectors – where the lines are drawn How do FDI rules interact with stakebuilding strategies? Foreign investment monitor archive Our team Michele Davis Partner London Aimen Mir Partner Washington, DC Alastair Mordaunt Partner Hong Kong Dr. Frank Röhling Partner Berlin Find a lawyer What we do Our thinking Careers About us Alumni Attorney advertising: Prior results do not guarantee a similar outcome Accessibility Legal notices Privacy Cookies Ts&Cs Responsible procurement Transparency in Supply Chains Statement Follow us Twitter LinkedIn Xing rss © 2021 Freshfields Bruckhaus Deringer LLP This website uses cookies to enable, optimise and analyse site operations, as well as to provide personalised content and allow you to connect to social media. By clicking “I agree” you consent to the use of cookies for non-essential functions and the related processing of personal data. You can adjust your cookie and associated data processing preferences any time in our “Cookie Preference Manager”. Please view our cookie policy to learn more about the use of cookies on our website. Manage your cookies Reject All Cookies Accept All Cookies