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ARTICLE · 14 AUGUST 2025

Navigating Foreign Direct Investment Regulation: Defence

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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Foreign Direct Investment (FDI) regulation is an area of increasing activity and enforcement worldwide. Notwithstanding the potential benefits of inward investment...

GlobalGovernment, Public Sector
Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Control of foreign investment in the Defence sector

Foreign Direct Investment (FDI) regulation is an area of increasing activity and enforcement worldwide. Notwithstanding the potential benefits of inward investment, sensitivities can arise from geopolitical considerations, especially given heightened international tensions, and from concerns around ownership and control of strategic industrial capabilities and the desire to keep these 'onshore'. Globally, FDI regimes have tended towards broadening scope, with the result that it is not just outright acquisitions but also minority investments that can be affected, even where the interests acquired do not confer control over the target business or its assets. Similarly, the range of industries within the scope of these regimes can be extensive.

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