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Global rules on foreign direct investment (FDI)
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
Australia | Publication | September 2023
After a somewhat tumultuous legislative journey, the Financial Accountability Regime Bill 2023 (Cth) (the Bill) passed through Federal Parliament this week. Along with an accompanying consequential changes and transitional arrangements bill, the legislation implements the Financial Accountability Regime (FAR), one of the final outstanding reforms recommended by the Financial Services Royal Commission.
The FAR will replace the current Banking Executive Accountability Regime (BEAR), and extend the framework to also cover APRA-regulated insurers and registrable superannuation entity (RSE) licensees. The Bill commences the day after it receives Assent, with application of the FAR varying depending on the industry:
We have been closely monitoring the development of these long-awaited reforms, including the previous attempts to legislate the changes by both the former and current governments. See our commentary on the previous bills, including in particular the obligations applicable to superannuation trustees and insurers.
The Bill remains virtually unchanged from its previous iterations. Notably, Parliament ultimately decided against the proposal to attach individual civil penalties to accountable persons for breaches of accountability obligations.
To ensure a smooth transition, banks, insurers and RSEs should be preparing now for the commencement of the FAR. This should include engaging with relevant stakeholders, analysing existing organisational structures, systems and processes for compliance and understanding new or amended obligations.
With APRA and ASIC having recently consulted on proposed Regulator Rules applicable to authorised deposit-taking institutions, further consultation can be expected in due course. This includes on instruments such as Ministerial rules and additional Regulator rules. Banks, insurers and RSEs should remain alert to these developments and the practical implications under the FAR.
Publication
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
Publication
On February 2, 2024, the Belgian Presidency of the Council of the European Union confirmed that the Committee of Permanent Representatives had signed the Artificial Intelligence (AI) Regulation, referred to as the AI Act. Approval by the EU Parliament followed on 13 March 2024, and the AI Act is likely to appear in the EU’s Official Journal around May 2024. The AI Act aims to establish a stringent legal framework governing the development, marketing, and utilisation of artificial intelligence within the region, thereby marking a significant advancement in the regulation of this burgeoning domain.
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