Category: Foreign Investment

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The Cutting Edge of Compliance: Best Practices and Recent Developments in Anticorruption, Investigations and Responding to Government Enforcement

November 15, 2018

Proactive anticorruption compliance programs, risk assessments and detailed due diligence practices can make the world of difference when engaging in global business transactions. Join us for a one-on-one discussion with Jonathan Drimmer, Deputy General Counsel at Barrick Gold, to hear his first-hand experience on the cutting edge of compliance and how proactive efforts can safe-guard your business in foreign jurisdictions….

Changing U.S. National Security Rules: What This Means for Mergers and Acquisitions

November 13, 2018

Investments involving Canadian companies face increasing scrutiny from Canada’s security and intelligence agencies and closest allies (the U.S., the U.K., Australia and New Zealand, known as the Five Eyes). Since 2009, the Investment Canada Act has provided a process that allows the Canadian authorities to review, block or remedy foreign direct investments in Canadian businesses on national security grounds. This…

Pending CFIUS Reform Expands U.S. Foreign Investment Review

August 2, 2018

Recently, the United States House of Representatives passed legislation, which, if also passed by the Senate and signed into law by the president, will significantly expand the jurisdiction to review foreign investments on national security grounds. KEY TAKEAWAYS FOR CANADIAN COMPANIES: Canadian companies looking to make investments in the U.S. could face a longer review period and a substantial filing…

The Good, the Bad and the Ugly: Revised Regulations for Canadian AML

June 28, 2018

The wait is over. On June 9, 2018, the Department of Finance released long-awaited amendments to the regulations to the Proceeds of Crime and Terrorist Financing Act. Highlights include the regulations of virtual currencies, businesses providing foreign money services and pre-paid products. Hear more about the revised regulations and how they will impact your business. Speakers: Jacqueline Shinfield, Partner Mandatory…

EU Top Court Rules EU Investment Arbitration Tribunals Are Incompatible with EU Law: Implications for Investors

May 15, 2018

In Slovak Republic v. Achmea B.V. (Achmea), the European Court of Justice (ECJ) ruled that the existence of an independent arbitral tribunal established under a bilateral investment treaty (BIT) between EU Member States is fundamentally incompatible with EU law. The decision may effectively invalidate the 196 BITs currently in force between EU Member States. For Canadian and other non-EU parties,…

Foreign Policy: Canadian Securities Administrators Release New Foreign Issuer Exemption

April 11, 2018

The Canadian Securities Administrators (CSA) announced they will amend National Instrument 45-102 – Resale Restrictions (NI 45-102) and Companion Policy to NI 45-102 (45-102CP) (Amendments) to provide for a new prospectus exemption for the resale of securities (and underlying securities) by a “foreign issuer”, thus making it easier for Canadian investors to participate in prospectus-exempt offerings by foreign issuers. The…

Canada’s Competition Bureau and Investment Review Division Increasing Cooperation, Information Sharing

April 9, 2018

Canada’s Competition Bureau (Bureau) and the Investment Review Division of Innovation, Science and Economic Development Canada (IRD) are increasingly cooperating and communicating when reviewing large foreign investments into Canada. To this end, on April 6, 2018, the two agencies released an Administrative Note formalizing a number of key procedural considerations for foreign investors. Under the Investment Canada Act (ICA), controlling…

Canadian Mergers and Acquisitions: FAQs and 2018 Trends

February 16, 2018

Our Canadian Mergers and Acquisitions: FAQs and 2018 Trends answers frequentlyasked questions regarding the regulation of public M&A in Canada and provides anoutlook for what 2018 may hold based on significant developments we observedfrom the Canadian deal environment in 2017.

New Guidelines to Help Foreign Investors Navigate National Security Rules under the Investment Canada Act

December 19, 2016

On December 19, 2016, the federal government released new guidelines on national security reviews under the Investment Canada Act (ICA). The guidelines are part of a new transparency initiative intended to encourage foreign investment by providing investors more information about a) the types of transactions that may require a national security review, and b) the factors considered by the government…

Canada’s Competition Commissioner Provides Guidance on Innovation, Efficiencies and Competitor Collaborations

October 12, 2016

The Commissioner of Competition (Commissioner) addressed innovation, enforcement and policy initiatives at the Competition Bureau (Bureau) in his keynote speech, “Strengthening Competition: Innovation, Collaboration and Transparency”, on October 6, 2016, at the Canadian Bar Association, Competition Law Section’s Annual Competition Law Fall Conference. Speakers from Blakes at the conference included Brian Facey, Navin Joneja, Julie Soloway and Robert Kwinter. The…

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