Managing and mitigating the risks surrounding foreign investment reviews
Governments worldwide are strengthening and exercising their authority over foreign investment in response to a range of national security and political concerns as they seek to balance the interests of dynamic capital and innovation with the mandate to prevent foreign actors from exploiting sensitive data, technologies, infrastructure, or supply chains. This heightened regulatory scrutiny inevitably increases the risks surrounding foreign investments or acquisitions, ranging from review mechanisms that require only notification for routine cases to those that give government agencies extended time and authority to investigate investments—and even halt them on occasion.
Ankura is uniquely positioned to help investors, fund managers, lenders, and counsel operationalize investment vehicles and transactional processes that facilitate regulatory-compliant deal-making. We recognize that the highest-value opportunities do not stop at the border, and we deliver solutions and results tailored to this reality.
In the context of a planned acquisition of a U.S. technology company by a non-U.S. entity, Ankura worked with counsel to identify and evaluate technologies, customer contracts, and sensitive information that presented CFIUS-related concerns; worked with the company to implement appropriate technology control, information security, and government contract compliance programs; and assisted with responses to CFIUS review-related questions and mitigation actions.
Ankura is a proven market leader in designing and implementing independent monitoring and oversight solutions for foreign investments, working as third-party monitors for some of the most high-profile and complex foreign investment agreements in recent history. Our team of seasoned professionals includes former intelligence and national security professionals, regulators, and prosecutors who understand the objectives of government, as well as former corporate executives, in-house counsel, and compliance professionals who understand the challenges and strategies of implementing effective and practical national security compliance controls. We also provide a one-stop shop for corporate trust services through Ankura Trust Company, LLC, a state-chartered trust institution that is leveraged to ensure ongoing compliance with passive investment carve-out requirements.