Foreign Direct Investment

Overview

Overview

At BCLP, our global Foreign Direct Investment (FDI) team advises clients on every stage of cross-border investment – from proactive planning and transaction screening to regulatory clearance and post-closing mitigation and compliance. We combine deep legal and transactional experience with international trade and policy insights to help clients anticipate FDI risks and manage the growing complexity of investment screening regimes worldwide.

In today’s global landscape, with heightened geopolitical tensions and the focus on building domestic resilience and national economic security, governments across the globe are either introducing new FDI screening regimes or expanding existing ones, some of which even capture domestic investments (such as the UK). With more than 100 jurisdictions now screening investments on national security or public order (or equivalent) considerations, it is imperative that dealmakers consider the FDI implications at the outset of their transactions.

Working seamlessly with our international trade, national security, and merger control practices, our global FDI team provides clients with coordinated support through our offices in the United States, United Kingdom, France, Germany, Belgium, and the Middle East, as well as through our trusted global network of leading FDI law firms. This integrated and seamless approach ensures that we offer clients consistent advice wherever they choose to invest and in accordance with their global business goals.

How we can help

We engage early in the transaction process to identify potential FDI risks, advise on deal structure, and negotiate contractual terms to mitigate any identifiable risks. We consider FDI implications for deals in the context of other regulatory and commercial conditions, with a view to minimising the impact of FDI screening on our clients’ transactions. We also advise on pre-transaction corporate activities such as fund formation, capital raises, and property location to address potential FDI risks.

Our lawyers have a deep understanding of and extensive experience with different types of transactions and the related FDI risks, including strategic mergers and acquisitions, public company acquisitions, real estate, minority investments, private equity and venture capital investments, joint ventures, and spinoffs.

Our team has experience preparing and navigating complex notifications with FDI agencies across the world. We coordinate multi-jurisdictional filings and engage with regulators to advance our clients’ objectives efficiently and effectively. We have deep experience negotiating and implementing complex mitigation agreements to overcome identified national security risks and achieve clearance.

We assist clients facing challenges with investment screening, enforcement regarding non-notified transactions, appeals and negotiation of remedies, and navigating divestment orders, where appropriate.

Our team utilize their detailed knowledge of FDI laws and regulations to provide guidance to clients on the latest developments in FDI legislation and rulemaking.

Our experience spans the full range of emerging and critical sectors and industries including semiconductors, defence, critical technologies, energy and infrastructure, telecoms, real estate, data, and life sciences.

We advise clients on the potential impacts of current and developing restrictions on outbound investments from the UK, the EU and the United States into third country jurisdictions, including China.

Why BCLP?

Experienced FDI practitioners – BCLP offers a team of experienced FDI lawyers with a deep understanding of global FDI regimes. They include former and existing government advisers, as well as lawyers at the forefront of FDI developments with close contacts at the relevant government agencies.
Global reach, local insight – Our team operates across key jurisdictions and understands how local regulators apply national frameworks, ensuring that our advice reflects real‑world regulatory practice.
Commercially driven solutions – We help clients balance legal risk with practical business objectives in order to achieve compliant, commercially viable outcomes.
Integrated regulatory support – Our combined FDI, US Committee on Foreign Investment in the United States (CFIUS), US Foreign Ownership Control and Influence (FOCI) mitigation for classified activities, international trade, national security and antitrust, competition and EU Foreign Subsidies Regulation experience ensures we deliver cohesive advice on complex, cross-border matters.
Proactive intelligence – We monitor FDI developments globally and provide clients with early warnings of regulatory changes that may affect their investment strategies. Our close relationships with government agencies, together with our thought leadership, ensures that our clients stay ahead of the curve.

Why BCLP?

Experienced FDI practitioners – BCLP offers a team of experienced FDI lawyers with a deep understanding of global FDI regimes. They include former and existing government advisers, as well as lawyers at the forefront of FDI developments with close contacts at the relevant government agencies.
Global reach, local insight – Our team operates across key jurisdictions and understands how local regulators apply national frameworks, ensuring that our advice reflects real‑world regulatory practice.
Commercially driven solutions – We help clients balance legal risk with practical business objectives in order to achieve compliant, commercially viable outcomes.
Integrated regulatory support – Our combined FDI, US Committee on Foreign Investment in the United States (CFIUS), US Foreign Ownership Control and Influence (FOCI) mitigation for classified activities, international trade, national security and antitrust, competition and EU Foreign Subsidies Regulation experience ensures we deliver cohesive advice on complex, cross-border matters.
Proactive intelligence – We monitor FDI developments globally and provide clients with early warnings of regulatory changes that may affect their investment strategies. Our close relationships with government agencies, together with our thought leadership, ensures that our clients stay ahead of the curve.

Experience

Our global FDI team has successfully guided clients through hundreds of investment screening processes across multiple jurisdictions, spanning diverse sectors and transaction types. We have:

Secured clearances for complex, multi-jurisdictional transactions involving many sensitive sectors, including defence, critical infrastructure and emerging technologies;
Negotiated favourable remedies with regulators to preserve deal value and timelines;
Advised on the full range of corporate transactions, including portfolio investments, joint ventures, acquisitions, and greenfield investments; and
Represented clients in high-profile and sensitive FDI matters.