Notice

Notice to exporters 2018/19: consultation launched on the national security and investment white paper

Published 25 July 2018

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This publication is available at https://www.gov.uk/government/publications/notice-to-exporters-201819-consultation-launched-on-the-national-security-and-investment-white-paper/notice-to-exporters-201819-consultation-launched-on-the-national-security-and-investment-white-paper

On 24 July 2018 the government published a white paper, national security and investment: proposed legislative reforms, and launched a public consultation.

The white paper sets out how the government will address the risks that can arise from hostile actors acquiring ownership of, or control over, businesses or other entities and assets that have national security implications. It follows the national security and infrastructure investment review green paper published in October 2017.

The government has reflected carefully on the feedback provided by a wide variety of stakeholders, including businesses, investors and law firms and a summary of responses is published alongside this white paper.

Only a small number of investment activities, mergers and transactions in the UK economy pose a risk to our national security. For the cases that pose a risk to our national security it is vital that the government is able to intervene in order to prevent or mitigate those risks.

The white paper sets out:

  • that the government will encourage parties to submit ‘valid notifications’ of transactions and other events that may give rise to national security risks
  • the ability for the government to ‘call in’ investments and other events which may raise national security concerns in whichever sector they occur, including those events which have not been notified
  • if the ‘call-in’ power is used, the government will undertake a full national security assessment which can take up to 30 working days, with the option of extending for a further 45 working days, or longer by agreement
  • at the end of the full national security assessment, if the government concludes that national security is at risk, it has the power to impose necessary and proportionate remedies - this could include, in rare circumstances, blocking or unwinding a deal

The government has also published a statement of policy intent alongside the white paper. This seeks to provide maximum certainty and clarity to business and investors by setting out how the ‘call-in’ power is expected to be used.

We welcome your views on our proposals. Read the white paper and statement of policy intent.

If you would like to discuss the white paper or any related documents, please telephone 0207 215 5000 or email nsiireview@beis.gov.uk.

This consultation will last 12 weeks and will close on 16 October 2018.

ECJU Contact details

General queries about strategic export licensing

Export Control Joint Unit
Department for Business and Trade
Old Admiralty Building
Admiralty Place
London
SW1A 2DY

Email exportcontrol.help@businessandtrade.gov.uk

Telephone 020 7215 4594

More information on export controls is available on the ECJU pages of the GOV.UK website, also the SPIRE export licensing database.

You can find:

This notice is for information only and has no force in law. If the information here applies to your business, we recommend you take appropriate action; including seeking legal advice if necessary.

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