Third Report - Sovereignty for sale: the FCDO’s role in protecting strategic British assets
Select Committee
Foreign Affairs Committee
HC 197
14 July 2021
Government response
Fourth Special Report - Government response to the Committee's Third Report: Sovereignty for sale: the FCDO's role in protecting strategic British assets · published 25 Oct 2021
Recommendations & Conclusions
12 results
1
Recommendation
Accepted
Para 21
The takeover of Newport Wafer Fab by Nexperia represents the sale of one of the...
Recommendation
The takeover of Newport Wafer Fab by Nexperia represents the sale of one of the UK’s prized assets to a strategic competitor, at a time when global chip shortages means that the products manufactured by NWF are of vital national …
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Government Response Summary
The government notes the recommendation, states it prioritises national security, and confirms the National Security Adviser is currently conducting a review into the acquisition of Newport Wafer Fab by Nexperia. Further comment is deferred until the review concludes.
Foreign, Commonwealth & Development Office
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2
Recommendation
Deferred
Para 22
We recommend that the Government calls in the acquisition of Newport Wafer Fab by Nexperia...
Recommendation
We recommend that the Government calls in the acquisition of Newport Wafer Fab by Nexperia for review and imposes appropriate mitigating measures, as a matter of urgency.
Government Response Summary
The government notes the recommendation and states that the National Security Adviser is currently conducting a review into the acquisition of Newport Wafer Fab by Nexperia, and it would be inappropriate to comment further until this review concludes.
Foreign, Commonwealth & Development Office
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3
Recommendation
Acknowledged
Para 27
It is vital that there is continuous monitoring of the investment and technology landscapes to...
Recommendation
It is vital that there is continuous monitoring of the investment and technology landscapes to catch non-notified transactions, as well as monitoring for changes to board compositions or ownership models, which may not serve the UK’s security interests, after the …
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Government Response Summary
The government agrees that regular market monitoring to identify national security concerns should be a key part of the new regime but does not detail specific additional monitoring mechanisms or multi-departmental inputs.
Foreign, Commonwealth & Development Office
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4
Recommendation
Acknowledged
Para 28
Ongoing monitoring of the global technology landscape by the FCDO should inform any future changes,...
Recommendation
Ongoing monitoring of the global technology landscape by the FCDO should inform any future changes, as needed, to (a) the sectors subject to mandatory notification under the National Security and Investment Bill, and (b) the factors to be taken into …
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Government Response Summary
The government noted the recommendation, stating FCDO will be involved in future revisions of mandatory notification regulations to keep pace with technological changes but did not commit to FCDO's ongoing monitoring proactively informing changes or reporting on it in the annual report.
Foreign, Commonwealth & Development Office
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5
Recommendation
Accepted
Para 29
For the FCDO to add value to the NSI regime, it will be important that...
Recommendation
For the FCDO to add value to the NSI regime, it will be important that the Department has the necessary skills, expertise and structures to effectively support the ISU. If the Government continues to behave in the same ways and …
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Government Response Summary
The government agrees that the FCDO has a key role and states a dedicated FCDO team has been established to support the ISU, raise awareness, and build capability. They are actively identifying and securing necessary short and long-term capabilities.
Foreign, Commonwealth & Development Office
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6
Recommendation
Accepted
Para 30
The FCDO should demonstrate leadership on the foreign relations aspects of foreign investment decisions.
Recommendation
The FCDO should demonstrate leadership on the foreign relations aspects of foreign investment decisions. Supporting the ISU’s work in this area is a key responsibility of the FCDO. It will be vital that the Department has the right expertise both …
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Government Response Summary
The government agrees with the FCDO's leadership role in foreign investment decisions and has established a dedicated FCDO team to support the ISU, raise awareness, and build FCDO capability in this area, both in the UK and overseas.
Foreign, Commonwealth & Development Office
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7
Recommendation
Accepted
We support the Government’s decision to keep the NSI Act agnostic of geography or type...
Recommendation
We support the Government’s decision to keep the NSI Act agnostic of geography or type of actor, so that investments are judged on a case-by case rather than country- 30 Sovereignty for sale: the FCDO’s role in protecting strategic British …
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Government Response Summary
The government accepted the recommendation, stating that FCDO will contribute its expertise and assessment of foreign governments' strategic intent to inform NSI screening and assessment processes.
Foreign, Commonwealth & Development Office
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8
Recommendation
Rejected
We recommend that 10 percent of Investment Security Unit staff should be secondees from FCDO,...
Recommendation
We recommend that 10 percent of Investment Security Unit staff should be secondees from FCDO, to ensure that FCDO expertise can be drawn upon on a day-to-day basis. (Paragraph 44) Cooperation with like-minded partners and allies
Government Response Summary
The government rejects the specific recommendation to mandate 10% FCDO secondees, stating it is not necessary as the ISU already draws on relevant expertise across government and FCDO has a dedicated team for coordination.
Foreign, Commonwealth & Development Office
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9
Recommendation
Accepted
Given the complex and transnational nature of the global investment landscape, the UK cannot operate...
Recommendation
Given the complex and transnational nature of the global investment landscape, the UK cannot operate alone on this matter. The Government should cooperate on FDI screening with other countries with whom we share values and strategic objectives. We recommend that …
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Government Response Summary
The government states that the FCDO already works closely with several like-minded countries, promotes its work internationally, and cooperates with Five Eyes and G7 partners on investment security.
Foreign, Commonwealth & Development Office
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10
Recommendation
Accepted in Part
Para 64
With cross-Government working comes a need for cross-committee scrutiny.
Recommendation
With cross-Government working comes a need for cross-committee scrutiny. If the Government is to succeed in achieving an “integrated” approach to UK security and foreign policy as set out in the Integrated Review, Government departments must be held to account …
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Government Response Summary
The government states the BEIS Select Committee should primarily oversee the ISU and commits to providing information and publishing a MoU for their scrutiny. It will continue to inform other relevant committees but does not grant them the same level of direct oversight.
Foreign, Commonwealth & Development Office
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11
Recommendation
Deferred
Para 65
We acknowledge the Secretary of State’s concern about the workload entailed by involvement of multiple...
Recommendation
We acknowledge the Secretary of State’s concern about the workload entailed by involvement of multiple committees in scrutinising the ISU but would argue that this should not be a barrier to effective scrutiny. FAC’s important contribution to UK national security …
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Government Response Summary
The government rejects the Foreign Affairs Committee's implicit request for necessary information for its direct monitoring of the ISU's effectiveness, stating that the BEIS Select Committee is the appropriate body for primary oversight and will be furnished with the required information.
Foreign, Commonwealth & Development Office
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12
Recommendation
Rejected
We recommend that the Chairs of the Foreign Affairs Committee, Intelligence and Security Committee and...
Recommendation
We recommend that the Chairs of the Foreign Affairs Committee, Intelligence and Security Committee and Science and Technology Committees are also provided with private briefings on the activities of the ISU on Privy Council terms, to ensure that Government decisions …
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Government Response Summary
The government believes the BEIS Select Committee is the primary body for ISU oversight and will ensure other relevant committees are appropriately informed, but does not accept the recommendation for specific private bi-annual briefings for the named committee chairs.
Foreign, Commonwealth & Development Office
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