Tuesday 14 November 2023

National Security and Investment Act – Call for Evidence

 


 

On 13 November the Cabinet Office issued a call for evidence in relation to the National Security and Investment Act 2021 (NSIA) to collect views on how the national security and investment regime can be more business friendly.  It also sought views on how the provisions could be refined while protecting national security.

Specifically, the call for evidence is designed to identify views on:1) the impact of the NSI regime on businesses and investors, 2) whether the scope and requirements of the NSI regime are proportionate and effective, and 3) how stakeholders understand the NSI regime.

The NSIA replaced the Enterprise Act in January 2022.  It allows the government to scrutinise and intervene in acquisitions in 17 sensitive industries that could harm the UK’s national security.  The government has cleared around 93% of transactions it has reviewed within 30 working days, while it has remedied or prohibited 17 deals.

There are concerns that the NSI regime may be cast too widely; not least since the rules can even require companies with no UK operations to notify investments.

The call for evidence may be regarded as a natural evolution of a maturing regime. The rules require a review within three years of implementation so the timing of the  consultation is not surprising.

Responses to the call for evidence should be submitted by 15 January 2024.

 

https://www.gov.uk/government/calls-for-evidence/call-for-evidence-national-security-and-investment-act

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