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Global rules on foreign direct investment (FDI)
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
Global | Publication | March 2021
Welcome to our March 2021 investigations horizon scan. We have set out below articles and webinars covering key developments from 2020 across the globe and what we expect to see in 2021.
As set out in our overview video, US, UK and other authorities were very active during the course of 2020, both in terms of major enforcement actions and issuing must-read guidance.
Looking forward to 2021, we expect to see an increasing focus on the role of compliance programs in defending companies subject to government investigations – and authorities’ recent guidance illustrates that their expectations are more demanding than ever. There will also be an increased emphasis on individual accountability.
Regulators’ increasing international coordination poses an issue even where a company decides that it will be cooperative; it needs to understand quickly which authorities may become involved and what their cooperation requirements are. Firms in the regulated sector are being proactive in conducting their own ‘lessons learned’ reviews which, where this leads to regulatory investigations, may assist in obtaining a favorable outcome.
The current global situation continues to increase the prevalence of financial crime, and will have a profound impact on the conduct of investigations in the long term. The election of President Joe Biden and Democratic control of Congress will bring new regulatory and enforcement priorities. For insight on the likelihood and speed of new policies we can expect from the new administration, please watch our on-demand webinar ‘Navigating the US presidential transition – Cross border business and regulatory perspective’.
Please email Andrew.Reeves@nortonrosefulbright.com; Claudia.Culley@nortonrosefulbright.com or the authors of the articles if you have any questions or would like to discuss any of the issues raised.
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Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
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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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In the recent decision of Euronav Shipping NV (Euronav) v Black Swan Petroleum DMCC (BSP) [2024] EWHC 986 (Comm) (the Judgment), the English Commercial Court has underscored the role of comity in international disputes.
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