UK Gets Excepted Foreign Person Status for Investments into the US
British investors eyeing deals in the US have won an important reprieve from the Committee on Foreign Investment in the United States. On January 13, the Committee announced expanded rules governing inbound investments but granted investments by UK parties an exemption from many of these new regulations. To qualify for the exemption, if the investor is a business entity, British nationals must own at least 80% of the entity. If the investor’s shares are publicly traded, the requirement drops to 50%. British investors will still be subject to the Committee’s filing regime in takeover and other control transactions, and the exemption is not available if the investor has violated certain US laws or rules. The exemption comes with the condition that the UK government satisfy certain requirements for the screening of foreign investments inbound into the UK by February 2020. Along with the United Kingdom, Australia and Canada also have the status of “excepted investors” for the same two-year period.