The UK’s New National Security and Investment Regime: Cutting Through the Noise
Failing to file a mandatory notification and obtain clearance from the Secretary of State prior to closing will mean the acquisition is legally void and that the acquirer may be subject to civil or criminal penalties. The Secretary of State may call-in and potentially block or unwind your transaction where it considers the transaction gives rise to a risk to national security.
Identify if the parties to the transaction may be required to submit a pre-closing notice to CFIUS
Understand whether CFIUS may have authority to review and potentially block or unwind your transaction
Analyze your contemplated transaction and the parties involved, based on the latest legal changes
Orrick’s CFIUS Assessment Tool guides parties through the complex legal scheme governing foreign investment in the United States:
WHAT DOES IT DO?
CFIUS Mandatory Filings for Certain “Critical Technology” Transactions – New Export Controls Test
INSIGHTS
Orrick’s CFIUS Assessment Tool is simple to use:
HOW TO USE IT
CONTACTS
Artificial intelligence. Advanced robotics. Quantum technologies.
This is the new language of national security, alongside the more
familiar territory of defence, intelligence and international relations.
Investments involving these and other fast-evolving tech and energy
sectors which may give rise to national security risks face increased scrutiny
in the UK, as a result of the UK National Security and Investment Act 2021. The Act strengthens the UK government’s power to block or impose conditions on corporate transactions within 17 "high-risk" areas of the UK economy with a mandatory notification regime and criminal sanctions for failure to comply. We built Orrick’s UK NSI Assessment Tool to help both UK and foreign companies, and investors seeking to invest in companies or assets operating in the UK, navigate these complex rules.
Orrick’s UK NSI Assessment Tool allows transaction parties to:
Analyse your completed or contemplated transaction, based on the latest legal developments;
Identify if your transaction is within the scope of the mandatory notification regime and must be notified and cleared prior to closing – avoiding any last-minute unnecessary delays;
Consider whether your transaction may give rise to a risk to national security and could be at risk of call-in by the Secretary of State (up to five years from closing).
Failing to file a mandatory notification and obtain clearance from the Secretary of State prior to closing will mean the acquisition is legally void and that the acquirer may be subject to civil or criminal penalties. The Secretary of State may call-in and potentially block or unwind your transaction where it considers the transaction gives rise to a risk to national security.
Note:
On completion of a questionnaire, you will receive a report explaining if the transaction appears to fall within the scope of the mandatory notification regime.
How to use it
Orrick’s will be happy to discuss the report finding, implications on your planned transaction, and how we can help you to comply with the NSI Act.
17 "High Risk" AREAS OF ECONOMY:
What does it do?
Defence
Advanced materials
Advanced robotics
Artificial intelligence
Communications
Civil nuclear
Computing hardware
Critical suppliers to government
Satellite and space technologies
Energy
Military/dual-use technologies
Quantum technologies
Suppliers to the emergency services
Synthetic biology
UK National Security Group
Data infrastructure
Cryptographic authentication
Transport
Insights
Other Resources for Foreign Investment
GET STARTED HERE
LEARN MORE
that the UK National Security and Investment Act 2021 has a broad scope and, whilst this tool aims to cover common types of transactions, it is not designed to capture all scenarios to which the Act could potentially apply. A transaction may be voluntarily notified to the Secretary of State where it does not meet the mandatory notification criteria, but the transaction parties nonetheless consider may raise national security concerns.
Please note
Orrick's
guides parties through the complex legal scheme surrounding foreign investment in the United States.
CFIUS Assessment Tool
Learn more
2.5 quintillion bytes of data are created each day. The use cases are limitless. And as businesses continue to drive toward the cloud, geographical boundaries bend and blur.
Note:
On completion of a questionnaire you will receive a report explaining if the transaction appears to fall within the scope of the mandatory notification regime.
Orrick’s will be happy to discuss the report finding, implications on your planned transaction and how we can help you to comply with the NSI Act.
Orrick’s will be happy to discuss the report finding, implications on your planned transaction and how we can help you to comply with the NSI Act.
GET STARTED HERE
HOW TO USE IT
Transport
Satellite and space technologies
Quantum technologies
Military/dual-use technologies
Engineering biology
Energy
Data infrastructure
Critical suppliers to the emergency services
Critical suppliers to government
Communications
Civil nuclear
Defence
Artificial intelligence
Advanced robotics
Advanced materials
that the UK National Security and Investment Act 2021 has a broad scope and, whilst this tool aims to cover common types of transactions, it is not designed to capture all scenarios to which the Act could potentially apply. A transaction may be voluntarily notified to the Secretary of State where it does not meet the mandatory notification criteria, but the transaction parties nonetheless consider may raise national security concerns.
Please Note
GET STARTED HERE
Orrick's
guides parties through the complex legal scheme surrounding foreign investment in the United States.
CFIUS Assessment Tool
Learn more
Synthetic biology
Suppliers to the emergency services