The Orrick Guide to Foreign Investment Reviews

November.06.2019

For the most up-to-date information, please see The Orrick Guide to Foreign Investment Reviews (October 2022 Update).

The regulatory landscape for Foreign Direct Investments (FDI) is continuously changing. A major contributor to this trend are concerns about investments by state-owned or state-controlled foreign players and the possibly adverse effects that such investments may have for national security or national interests. A number of countries have introduced new measures to review investments by non-nationals or strengthened their existing measures.

The Orrick Guide to Foreign Investment Reviews answers frequently asked questions regarding investment control regimes in various jurisdictions. It has been prepared by the lawyers in our offices worldwide. The following jurisdictions are presented in a consistent and precise Q&A format throughout the chapters:

China
European Union
France
Germany
Italy
Japan
United Kingdom
United States

Editor

Harry Clark Partner, International Trade and Investment, Mergers & Acquisitions

Washington, D.C.

See my bio

D:+1 202 339 8499
E: [email protected]

Practice:

Technology & Innovation Sector
International Trade and Investment
Mergers & Acquisitions
Environmental, Social & Corporate Governance (ESG)
Strategic Advisory & Government Enforcement (SAGE)

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See full bio

Harry Clark Partner

Washington, D.C.

Harry is experienced in areas such as CFIUS/Exon-Florio examinations of foreign investment, military and “dual use” export control regulations (ITAR/EAR), economic sanctions administered by the U.S. Treasury Department (OFAC), customs regulations, the Foreign Corrupt Practices Act, anti-money laundering rules, anti-boycott requirements and defense industrial security requirements. He executes internal corporate investigations regarding trade and investment rules and advises on such rules in the context of corporate transactions.

Additionally, Harry has extensive experience with government contracting matters. His government contracting work has included, for example, design and implementation of U.S. Defense Department renewable energy projects. He also represents broad industry coalitions on major trade litigations and international negotiations. His experience in these areas includes a leading role in what is often considered the largest-ever international trade dispute: the controversy regarding unfair softwood lumber imports from Canada. It has involved myriad administrative proceedings before federal agencies, NAFTA panel appeals, WTO dispute proceedings, judicial proceedings and international settlement agreements.

Harry has represented a coalition of major U.S. oil companies in antidumping and countervailing duty litigation. As a related matter, he pursues policy issues with congressional and executive branch officials and advises on international trade rules (e.g., GATT, WTO agreements and NAFTA).

Chambers 2022 recognizes Harry as a leader in the field of export controls and economic sanctions (Chambers Global and Chambers USA), as well as CFIUS (Chambers USA). Previous editions have also recognized Harry’s achievements regarding his work related to the Foreign Corrupt Practices Act. Clients note that Harry provides “accurate, straightforward guidance incredibly efficiently” and “he has an ability to translate complex legal requirements and rules into business-friendly jargon.”

Related Areas

Markets

Authors and Key Contacts

Harry Clark

Marie-Laure Combet

Jinsong (Jeff) Zhang

Lars Mesenbrink