UK National Security and Investment Act Review: Enforcement Outcomes and Remedies

The UK National Security and Investment Act 2021 (NSIA) has been in effect since January 2022, with few outright prohibitions, primarily for sensitive sectors involving acquirers from China or Russia. There have been six outright prohibitions and 38 cases involving remedies since its inception, with only one prohibition last year.

Approximately 1,000 notifications are received annually, with 40 called in for detailed review and around four imposing remedies. The government often requires maintenance of UK-based R&D capabilities for targets in security-sensitive sectors.

Obligations include ensuring continuity of supplies for defense contracts and appointing Chief Information Security Officers. Governance changes are frequently mandated, including board composition adjustments and security vetting requirements.

The review process lacks interaction with notifying parties, with initial assessments taking 30 working days and a call-in leading to a binding 30-day timetable, extendable by 45 days. International deals require awareness of varied review periods across jurisdictions.