Both the United States and the United Kingdom have taken significant steps to regulate foreign investment in, and acquisitions of, domestic businesses and assets to protect their national security.

In 2018, the U.S. government significantly expanded the powers of its Committee on Foreign Investment in the United States (CFIUS) to review foreign investment in U.S. businesses. The expanded authority makes it imperative for U.S. businesses seeking foreign investment or acquisitions to take a proactive approach towards compliance, particularly where such businesses deal with critical technology, essential infrastructure or sensitive personal data.

Across the pond, the National Security and Investment Act 2021 (NSIA), set to take effect on January 4, 2022, provides for a new regime to scrutinize and intervene in acquisitions and investments made by, and in, U.K.-based entities or assets in order to protect national security, much like CFIUS does in the United States.

Join U.S.-based Fox Rothschild attorneys Nevena Simidjiyska and Elizabeth Hodgson and U.K.-based Stephenson Harwood LLP attorneys Marta Isabel Garcia and Will Spens for a discussion on the main considerations arising from the NSIA and CFIUS.

Our panelists will answer many common questions, including:

• What are the similarities and differences between CFIUS and the NSIA?
• What transactions are covered under each?
• Which industries are most at risk?
• What are some practical implications for deal structuring?
• How should companies comply with the new requirements?

If you wish to revisit the topic, we invite you to view a recording or the NSIA and CFIUS handouts from the presentation.