Morgan Lewis – Managing the UK and US Foreign Direct Investment Processes: What to Expect

Wednesday, March 16, 2022

10:00 AM – 11:15 AM EST


Please join partners from the Morgan Lewis CFIUS and FDI Working Group for a webinar on foreign direct investment (FDI) in the United Kingdom and the United States. Our discussion will focus on the UK National Security and Investment Act that came into force on 4 January 2022, comparing the changing landscape for investments raising national security concerns in the UK and the US rules under CFIUS.

Topics Will Include:
• An overview of the UK National Security and Investment Act: 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 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 really work in 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
• Expectations after a year under the Biden Administration

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