Laura Black Quoted by Media on Proposed EU Investment Legislation

Law360 and Foreign Investment Watch have quoted Akin international trade senior counsel Laura Black on the European Union’s proposed foreign investment and trade policies on foreign investment, outbound investment and sensitive technology.

In Law360's article “EU Investment Plans Play To US Nat’l Security Concerns” Laura, who previously served as Director of Policy & International Relations, CFIUS, Office of Investment Security, said the EU’s outbound investment prohibitions similar to those in the United States are likely “a relatively long way off.”

While the Biden-Harris administration’s executive order specifically targets China as a “country of concern” for investment limitations, the EU’s refrains from naming specific countries. Instead, Laura said that Europe is “threading the needle” by being country agnostic in the white paper while urging its members to assess risk and prioritize oversight accordingly.

In FIW's article "EU proposes to tighten the screws on foreign investment screening," Laura added with respect to outbound investment regulation, “The EU Commission needs the support of the Member States and it takes time to reach agreement, as well as political will and resources to implement a new authority.”

“In the context of inbound investment screening, there was a push from certain Member States, such as France and Germany, for an EU wide framework” at the outset. She also noted that inbound investment screening “is a Member State competency,” which means that national authorities decide whether to clear, mitigate, or block inbound investments in their respective jurisdictions. “The Commission can provide views and it plays a useful convening and information sharing role, but the Member States make the final decisions.”