Following on from the Government's consultation with stakeholders in relation to the National Security and Investment Act 2021 launched in November of last year, the Deputy Prime Minister has today (Wednesday, 22 May 2024) published new and updated guidance on the use of the NSIA, including:
- An updated section 3 statement, which builds on the original statement but provides greater detail as to how the Government has exercised, and how it will continue to exercise, its call-in powers under the NSIA, including further clarity on the factors the ISU will take into account in determining whether to call-in a transaction.
- New market guidance, and amendments to existing guidance, relating to the operation of the NSIA.
Of particular interest are the extensive updates to the guidance for the higher education and research-intensive sectors, which include new and adapted examples of how the NSIA can apply to certain academic collaborations, as well as new information as to how the NSIA applies to those sectors and on the interaction between the NSIA and the UK's export controls.