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Japan to create panel similar to US Foreign Investment Panel for review of national security risks

The new Japanese government under Prime Minister Sanae Takaichi is looking at creating its own version the U.S. Committee that reviews foreign acquisitions for national security.

Takaichi is a conservative hardliner who wants to strengthen such screenings.

The ruling coalition aims to pass the necessary legislation for a such panel during next year's regular session of parliament.

A source familiar with current thinking believes that the panel will include members from ministries and agencies engaged in screening investments to improve their coordination.

Takaichi, who was running for the leadership of the ruling party last month, said that she "knew with certainty" that some ministries were well-versed in economic security and national defence, while others weren't.

She said, "That's the reason I think we need to create a Japanese CFIUS version for security clearance."

Takaichi also instructed Satsuki Katayama, the new Finance Minister last week, to look at ways to improve the Foreign Exchange and Foreign Trade Act's (FEFTA) screening framework for foreign investments.

"We are currently looking at ways to strengthen and improve the screening framework. Katayama told and other media that this is an important and weighty matter.

She refused to provide any further comment on the new framework, or the Japanese version CFIUS.

These steps are in line with the scheduled review of FEFTA. In 2020, it underwent a major overhaul that reduced the threshold for a prior review of shares purchases from 10% to 1%. The revised law also includes a provision that calls for a review of the law five years after it is implemented.

The potential impact of these changes on the review process for foreign acquisitions is unclear.

Japan has only rejected one FEFTA deal to date - a 2008 attempt by London's Children's Investment Fund of Electric Power Development to acquire the company.

There are some cases in which plans were withdrawn by the reviewers. Japan received 1638 notifications of stock purchases in the past financial year, but 363 were withdrawn.

Yoshihisa Kainuma, the CEO of Minebea Mitsumi, expressed his concern about the unclear criteria for screening when it launched a bid to buy out Shibaura Electronics in response to an unsolicited offer by Taiwanese company Yageo.

Yageo was able to secure the deal for $740 million after receiving security clearance. This was the first unsolicited buyout by a foreign company of a major Japanese company. (Reporting and editing by Muralikumar Aantharaman; Makiko Yamazaki)

(source: Reuters)