CFIUS and Non-US FDI Regimes – A 2022 Lookback and 2023 Outlook

An investment strategy should consider national security concerns, especially when they include non-U.S. entities, partners, or investors. Investment opportunities into foreign economies have never been more prevalent. More and more governments are establishing and/or expanding their oversight and regulatory authority over these transactions, motivated by geopolitical considerations, concerns for national security, and protecting their own economical and cultural self-interests. Regardless of industry, an investment strategy should be closely reviewed with a national security lens and align with regulator expectations. With today’s ever-changing geopolitical climate, governments and regulators have given increased scrutiny to foreign investments that involve emerging and critical technologies, critical infrastructure, and personal data. Understanding the shared regulatory trends, as well as unique considerations of each regime, has become critical for those engaged in international trade, investment, and mergers and acquisitions. This program will feature the below speakers having an interactive discussion of these issues, looking at the trends that have emerged in 2022, identifying anticipated changes and focuses in regulatory reviews from both CFIUS and Non-US FDI Regimes, and providing insight and proactive suggestions on how companies should approach investments in 2023 to mitigate risk and comply with regulation oversight. Scott Boylan, Partner, StoneTurn Brian Egan, Partner, Skadden Nate Fisher, Managing Director, StoneTurn Joe Molosky, Associate, Skadden