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Proposed Outbound Investment Review Legislation Has Sweeping Extraterritorial Scope

Dechert – Congress is considering the establishment of a new Committee on National Critical Capabilities to review and potentially mitigate or block outbound investments from the United States in order to protect U.S. national security and safeguard U.S. supply chains from certain “countries of concern,” including China and Russia. If enacted, such an outbound review mechanism would be the first of its kind to be adopted by a major Western economy and could have potential ripple effects with other governments considering similar mechanisms.