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ARTICLE · 28 DECEMBER 2016

National Security Review Guidelines Highlight Amorphous Nature Of "National Security"

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The Minister of Innovation, Science and Economic Development has just released Guidelines on the National Security Review of Investments.

CanadaGovernment, Public Sector
Belinda Chiu
Belinda Chiu
Christopher Hersh
Christopher Hersh
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The Minister of Innovation, Science and Economic Development has just released Guidelines on the National Security Review of Investments. The Guidelines are intended to provide information to foreign investors regarding both (i) the national security review process under the Investment Canada Act (the ICA) and (ii) the factors to be considered in determining whether an investment could raise national security issues. 

While Canada’s national security review process is reasonably well-understood by lawyers who practice in the foreign investment review area, the Guidelines provide a concise overview that is accessible to business people. 

The Guidelines also provide a comprehensive (but not exhaustive) list of the factors that will be taken into account when considering whether a proposed investment by foreign entities could raise possible national security concerns. The factors set out in the Guidelines are very broad and include assessing the investment’s impact

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