16 March 2023
As of 1 January 2023, there are over 50 jurisdictions with foreign investment control regimes in place, and the number is expected to grow quickly as more governments look towards establishing a framework to regulate foreign investments particularly in sensitive sectors and areas which may threaten national security. At the same time, the increased enforcement and scrutiny of foreign investments observed in 2022 is expected to continue into 2023.
In considering any mergers, acquisitions, joint ventures and investments, it is increasingly important to conduct parallel assessments of the following: (i) varying approval criteria and screening mechanisms across the different jurisdictions, (ii) timelines required to obtain foreign investment approvals, and (iii) possible interactions between merger control and foreign investment reviews.
For practical tips on assessing whether foreign investment control filings may be triggered and recent key trends and developments which might impact foreign investments in 2023, please click here.