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Foreign Investment Review

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At the Annual Compliance conference recently held in London, Baker McKenzie hosted a session on ‘The evolving national security, sanctions and export controls landscape’. This session introduced the concept of the “trade toolbox” — a growing set of measures designed to manage national security risks through trade and investment restrictions. Speakers highlighted the increasing complexity of global compliance, particularly in relation to business relating to China, Russia, and in the Middle East. China: outbound investment,…

Join us for a webinar on May 22 where we will examine the U.S. Department of Justice’s final rule on protecting Americans’ sensitive data from foreign adversaries. This groundbreaking regulation, which took effect April 11, 2025, represents a novel approach to U.S. national security concerns related to sensitive data transactions with China, Hong Kong, Macau, Russia and other Countries of Concern and Covered Persons. Drawing from our Primer on the DOJ Final Rule, and Article…

Following weeks of tariff threats from the U.S. and the imposition of retaliatory Canadian tit-for-tat tariffs and non-tariff measures, the U.S. and Canada are currently in the midst of a trade war that is expected to have significant economic repercussions. On 5 March 2025, the Government of Canada announced that it would take action under the Investment Canada Act (“ICA”) to protect Canadian companies from foreign investors looking to capitalize on the current economic uncertainty…

On October 28, 2024, the US Treasury Department (“Treasury”) issued a long-anticipated final rule (“Final Rule”)—effective January 2, 2025—implementing a targeted outbound investment compliance regime called for by Executive Order (“EO”) 14105 issued by President Biden on August 9, 2023. The Final Rule applies to investments by, or in some circumstances directed by, US Persons in Chinese businesses involving specified categories of technologies — namely: semiconductors and microelectronics, quantum information technologies and artificial intelligence (AI).…