Japan to step up scrutiny of foreign investment in technology

Nikkei -- Aug 18

Japan will tighten control over foreign investments in domestic companies involved in semiconductors and other high-tech industries by focusing on the purchase of shares that carry voting rights, Nikkei learned Saturday.

The move mirrors greater restrictions in the U.S. on foreign investment that might effect national security, as well as Washington's decision to ban government purchase of equipment from Chinese telecom maker Huawei Technologies. Calls for greater scrutiny are also growing in the Japanese government.

Under new regulations to be introduced in the coming months, foreign investments will undergo a mandatory government review if it results in stakes of 10% or more in listed technology companies on a voting rights basis, according to people familiar with the matter. Currently, such a review is required only for investment that will result in the ownership of 10% or more of a company's outstanding shares.

For example, if a company had 1,000 outstanding shares with voting rights and 200 shares without, a foreign acquisition of 100 shares would not trigger a review under the current rules because it would be considered an 8.3% investment. The new rules would consider it a 10% investment and trigger a review.