Foreign Investment Screening Trends In 2019

2018 was the year in which the global move towards greater protectionism in economic and trade policy translated into significant developments in foreign investment regimes in a number of countries.  These developments potentially complicate the regulatory landscape for companies seeking to invest overseas, making it more important than ever for in-house counsel and their external advisors to prepare adequately for scrutiny under foreign investment regimes.

These developments are particularly important for readers familiar with Canada's well-established foreign investment regime pursuant to the Investment Canada Act, which, for nearly a decade, has included the power to review investments which potentially raise national security concerns.   By contrast with the relative predictability and long-standing nature of Canada's foreign investment and national security review regime, the implications of recent developments in other jurisdictions are not yet clear.