CELIS Blog
The CELIS Blog is a unique forum for current debates on international investment control and economic security law and practice more broadly. It brings the latest developments and analysis to you. From economic security (law) experts – to economic security (law) experts.
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Extended Screening of Foreign Investment in France: A Risk of Incompatibility with Company Law?
By Sabine Naugès and Professor Rémi Dalmau with contribution from Marie Soriano | McDermott Will & Emery Control of foreign direct investments in France (FDI) has been steadily tightened since 2014. The provisions of Articles L. 151-3 and R. 151-1 et seq. of the French Monetary and Financial Code (CMF), as supplemented by the Decree of December 31, 2019, ...
Continue reading CELIS Update on Investment Screening – May 2024
Netherlands – First interim relief court ruling to restrict the retroactive FDI enforcement by Dutch Minister Only two weeks after the Investments, Mergers and Acquisitions Act (FDI Act) came into force on 15 June 2023, the Minister made use of the possibility under the FDI Act to retroactively 'call-in' transactions that took place before the FDI Act came into force. ...
Continue reading Foreign Direct Investment in Thailand
By Lukas Baumgärtner, Mag. Iur, LL.M., Attorney at Law at Luther Rechtsanwaltsgesellschaft (Bangkok and Yangon) I. INTRODUCTION Thailand has demonstrated a significant trajectory of economic development over recent decades, with foreign direct investment (ʺFDIʺ) being an important contributor to this success. FDI inflows stood at USD 10 billion in 2022, down by 31.5% compared to the USD 14.6 billion ...
Continue reading The First Court Decision on the Austrian FDI Screening Regime
By Dr. Johannes Barbist, Binder Grösswang I. Introduction A regular CELIS blog reader will know already: Austria is at the forefront of EU jurisdictions when it comes to FDI filings submitted to the EU cooperation mechanism (counted by population, see here for a compilation of the data). However, until very recently there were no decisions by Austrian courts on ...
Continue reading Conference on Investment Screening in Austria
On Thursday, 13. June 2024, the second edition of the annual conference on investment screening in Austria and the EU will take place at the University of Vienna. The aim is to convene experts from academia and legal practice to discuss topical issues of investment screening and further legal initiatives designed to strengthen the EU’s open strategic autonomy. After a kick ...
Continue reading CFIUS should steel itself from domestic presidential politics. On Biden’s public intervention on the Nippon Steel-US Steel Acquisition
By Thomas P. Feddo, founder of The Rubicon Advisors LLC and former Assistant Treasury Secretary for Investment Security (2019-2021) This blogpost elaborates on the opinion piece ‘Biden, CFIUS and the US Steel Acquisition’ authored by Feddo and published on the Wall Street Journal (15 April 2024) In December 2023, Nippon Steel and US Steel announced their plan to ...
Continue reading Corporate Sustainability in the EU and the Obstacle Race to Eliminate Products of Forced Labour: a Pyrrhic Victory?
By Nicola Mongelli, LL.M (University of Antwerp) Introduction On the 23rd of April 2024, the European Parliament (EP), concluded the first reading of the text of the upcoming Regulation prohibiting products made with forced labour on the Union market. This contribution will comment on the Regulation on Products of Forced Labour (PFL Regulation), addressing some critical points. I will start ...
Continue reading Ties that bind: A Transatlantic approach to investment screening and economic security
Washington, D.C., 05.07.2024 – Today, the CELIS Institute, in collaboration with the Center for International Private Enterprise (CIPE), hosted a key event, focusing on investment screening and national security issues across the US and EU. This high-level conference, aimed at reinforcing transatlantic economic security ties, brought together government officials, business leaders, and experts from finance, banking, private practice, and academia. ...
Continue reading CELIS Update on Investment Screening – April 2024
United Kingdom - Response of the UK Government to the Cabinet Office’s ‘call for evidence’ The UK Government published its response to the Cabinet Office’s ‘call for evidence’ on the National Security and Investment Act 2021 in April 2024. The UK’s new National Security and Investment Act (NSI) came into force on 4 January 2022, introducing new requirements for FDI ...
Continue reading UK investment screening: Government confirms commitment to a more pro-investment approach and sets out next steps
By Veronica Roberts and Ruth Allen, Herbert Smith Freehills LLP On 18 April 2024 the UK Government published its response to feedback from stakeholders on the operation of the UK National Security and Investment (NSI) regime since it entered into force in January 2022, gathered via a Call for Evidence issued in November 2023 (see our previous blog post here). During ...
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The CELIS Blog always welcomes posts from economic security professionals that address current issues in international investment screening and economic security law and practice. Would you like to contribute to the Blog? Please contact our editors: blog@celis.institute
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