The U.S. screening of acquisitions by foreign parties that raise national security issues has recently caused widespread confusion and concern, particularly among many of our clients outside the United States. The controversial acquisition by Dubai Ports World of the U.S. operations of a British port terminal manager raised questions about the U.S. Government's perceptions of national security, the barriers to foreign investment that such perceptions might pose, and the various congressional initiatives to mandate greater scrutiny of foreign acquisitions of U.S. infrastructure. MBR&M is sponsoring a complimentary webinar on May 24 for clients and friends of the Firm in order to address questions about the law and politics surrounding foreign acquisitions in the United States and their national security considerations. The topic should be of interest to many clients, particularly in the defense, technology, infrastructure, energy, telecommunications, and investment banking sectors.
Click Here to view Webinar slides.
Client Alert - Congress takes major step toward imposing new restrictions on
foreign acquisitions in the United States
This Client Alert discusses the
most recent major step by Congress toward mandating additional restrictions on
foreign acquisitions in the United States. This report is likely to be of
interest to any of our clients, in the U.S. or abroad, that are contemplating
changes in foreign ownership of U.S. businesses or acquisition of such
businesses by foreign parties. Our Government and Global Trade Practice has
substantial experience in guiding clients through the legal and political
minefield that foreign acquisitions often must traverse.FORTRESS AMERICA?
NATIONAL SECURITY RESTRICTIONS
ON FOREIGN ACQUISITIONS IN THE UNITED STATES
A Complimentary Webinar
Sponsored by
MAYER, BROWN, ROWE & MAW LLP
May 24, 2006, at Noon EST
The recent controversy over the proposed acquisition by Dubai Ports World has sparked debate - and confusion - over the procedures and criteria used by the U.S. Government to screen foreign acquisitions that raise national security considerations. Congress is actively considering amendments to the so-called Exon-Florio Amendment, the principal statute governing the review of foreign acquisitions on national security grounds.
Many questions are being raised: Has the scope of "national security" changed in the post-9/11 era? Has the review process become dominated by congressional intervention and domestic politics? How can potential foreign acquirers evaluate the risks that a particular transaction will be blocked? How can potential foreign acquirers structure their acquisitions to optimize their chances of successfully completing the review process? What changes in the legal framework for national security reviews are likely to be enacted and how can foreign acquirers adapt effectively to those changes?
This complimentary one-hour webinar features a panel of experienced practitioners who will address the current state of the law, the politics of the review process, and the most likely amendments pending in Congress. The panelists and topics are:
Simeon M. Kriesberg, Partner, Mayer, Brown, Rowe & Maw LLP,
"National Security Reviews: Meeting the Legal Requirements"
Marcia G. Madsen, Partner, Mayer, Brown, Rowe & Maw LLP,
"DOD, The NISPOM and a Review of Defense Transactions"
James J. Jochum, Partner, Mayer, Brown, Rowe & Maw LLP and former Assistant Secretary of Export Administration, U.S. Department of Commerce,
"Overcoming the Political Hurdles: Strategy and Tactics"
David M. McIntosh, Partner, Mayer, Brown, Rowe & Maw LLP and former Member of Congress
"Congressional Update: Likely Amendments to Exon-Florio"
