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United Kingdom – New UK “CFIUS” foreign investment regime kicks in

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The National Security and Investment Act (“NSI Act”) came into force this week, completing the overhaul of the UK’s foreign investment rules and creating a standalone foreign investment screening regime. The new rules require businesses and investors to submit mandatory notifications for certain acquisitions of and investments in companies operating in 17 key sectors. The rules also grant the UK Government extensive powers to investigate and impose conditions on a wide range of transactions, including corporate investments as well as asset transactions, on national security grounds.

This is important for export control professionals to be aware of as they may be called upon to assist with assessments, particularly where military and dual-use assets are concerned.  

For more information on foreign investment regimes, please visit our Foreign Investment and National Security blog.

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Sunny Mann is a Partner in Baker McKenzie's London office and co-leads the UK Compliance and Investigations Practice, as well as the UK International Commercial and Trade Practice. Both these practices are ranked Tier 1 by Legal 500 UK. He has also worked in our Firm's Washington DC, New York and Sydney offices. Sunny also advises many clients on risk matters in India. He advises clients (including numerous FTSE 100 and Fortune 100 businesses) on compliance and investigations with respect to export controls, trade sanctions and anti-bribery rules. The Legal 500 ranked Sunny as a “Leading Practitioner", and as "excellent", with a ‘calm’ and "very practical" approach. The India Business Law Journal also noted that Sunny is "excellent and has deep experience in India". He is a Visiting Professor at the College of Europe, the leading institute for post-graduate European studies, where he teaches a course on Corporate Compliance.

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Samantha Mobley is a senior partner in the Competition, Trade & Foreign Investment Practice of Baker & McKenzie's London office and a member of the London office Management Committee. She is a former chair of Baker McKenzie's Global Antitrust and Competition Group, a team of over 300 competition and antitrust specialists worldwide. Samantha is a member of Baker McKenzie's India Steering Committee.

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Tristan is a Partner at Baker McKenzie, advising clients on sanctions and export controls, anti-bribery and corruption and other corporate compliance risks. He provides compliance advice to clients across these risk areas, including in the context of complex cross-border transactions, as well as supporting clients in the management of related internal and external investigations. Tristan has advised clients in respect of investigations by the Serious Fraud Office, the Office of Financial Sanctions Implementation (OFSI), the National Crime Agency, HM Revenue & Customs, and the Competition and Markets Authority, as well as in related investigations by overseas agencies, including the US Department of Justice and the Office of Foreign Assets Control (OFAC). He also counsels clients in the design and implementation of their corporate compliance programmes.
Tristan is the UK head of Baker McKenzie’s market leading international trade practice, which is ranked as Tier 1 by Legal 500 and Band 1 by Chambers UK. He is personally ranked as a Leading Individual for ‘Trade, WTO, Anti-dumping and Customs’ by Legal 500 and for ‘Sanctions’ by Chambers UK. He is the EMEA Chair of the firm's Investigations, Compliance & Ethics practice.
Tristan also advises clients – including multinationals, private equity, SOEs and SWFs – on the impact of national security policy and regulation on their business and transactional strategy, and has supported clients on numerous filings under the UK National Security and Investment Act, as well as coordinating strategy and national security filings before multiple other European and non-European agencies.

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Zeyang Gao is an associate in Baker McKenzie's Competition, Trade and Foreign Investment Department in London. Zeyang trained at Baker McKenzie and qualified in September 2020. Zeyang has also worked on secondment in the EU Competition & Regulatory Affairs practice of Baker McKenzie's Brussels office.

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Lilli Meldrum is a Trainee Solicitor in Baker McKenzie London office.

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