The UK Government publishes its national security and investment bill

On 11 November 2020, the UK Government published the National Security and Investment Bill (“NSIB”). The NSIB proposes the introduction of a standalone foreign direct investment (“FDI”) regime for the first time in the UK. It introduces a hybrid mandatory and voluntary notification regime with wide-ranging powers for the UK Government to intervene in transactions which it considers likely to harm the UK’s national security. Unlike most other European countries, the UK does not currently have a separate FDI regime. Instead, the Enterprise Act 2002, which also governs the UK’s merger control regime, includes provisions enabling the Secretary of State for Business, Energy and Industrial Strategy (“Secretary of State”) to intervene in mergers in certain sectors for reasons of national security,

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  • Van Bael & Bellis (Brussels)

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William Haig, The UK Government publishes its national security and investment bill, 11 November 2020, e-Competitions Foreign Investment, Art. N° 98226

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