Not If, but When: An Update on Outbound Investment Review

Dechert – The Biden Administration appears to be moving forward with plans to establish a mechanism through Executive Order to review outbound investments from the United States to protect U.S. national security. The Executive Order has been positioned as only the first step towards the establishment of a more comprehensive outbound investment review regime. This article provides an overview of what we know so far (and what questions remain) about the proposed outbound investment review mechanism and how it might impact costs, timing, and decision-making regarding certain U.S. entities’ outbound investments.