Eric Kadel, co-head of S&C’s Foreign Investment and Trade Regulation and Economic Sanctions and Financial Crime Groups, commented on developments in the global foreign direct investment (FDI) landscape over the past 12 months as part of a roundtable discussion on foreign investment and national security covered by Financier Worldwide. Eric noted that FDI in the United States—as measured by submissions to CFIUS—has rebounded since 2020. He also stressed that foreign investors must be proactive and seek to identify in advance opportunities to mitigate possible national security concerns and consider in advance structural remedies or business commitments that may be necessary. He further noted that national security reviews have become much more common in jurisdictions other than the United States, so a multi-faceted approach is needed. Finally, he flagged that current legislative proposals in the United States would, if enacted, apply a CFIUS-like process to outbound investment, a potential future development that would be notable and impactful.
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