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Updated guidance on the UK’s investment screening regime: key takeaways

By Veronica Roberts, Andre Pretorius and Ruth Allen, Herbert Smith Freehills LLP   On 21 May 2024 the UK Government published updated versions of two key documents for investors seeking to assess how the UK National Security and Investment (NSI) screening regime may apply to a proposed transaction: an updated statement on how the Secretary of State intends to exercise ...
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The Carbon Border Adjustment Mechanism of the European Union

By Helge Wieggrefe, Research Assistant at the University of Münster and Co-Founder of kolum.earth   In May last year, the European Union agreed to introduce the Carbon Border Adjustment Mechanism (CBAM), the first border tax adjustment for carbon pricing. To this end, a second emissions trading scheme will be set up that will apply to goods imported into the European ...
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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, ...
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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. ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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.  ...
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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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