FOREIGN – AUSTRALIA – REGULATION

Beijing to Canberra: expect investments to be scaled back

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Original article by Glenda Korporaal, Andrew White
The Australian – Page: 1 & 2 : 17-Aug-16

China’s embassy in Australia has expressed concern that the Federal Government’s decision to block Chinese bids for Ausgrid and S Kidman & Company may signal a shift toward protectionism in Australia. The embassy says the rulings may deter Chinese companies from investing in Australia. The Government cited national security concerns as the reason for its preliminary decision to block the Ausgrid bids of State Grid and Cheung Kong Infrastructure.

CORPORATES
AUSGRID PTY LTD, S KIDMAN AND COMPANY PTY LTD, STATE GRID CORPORATION OF CHINA, CHEUNG KONG INFRASTRUCTURE HOLDINGS LIMITED, AUSTRALIA. DEPT OF THE TREASURY, AUSTRALIA. FOREIGN INVESTMENT REVIEW BOARD, TRANSGRID, ELECTRANET SA, SHANGHAI PENGXIN GROUP COMPANY LIMITED, OZ MINERALS LIMITED – ASX OZL, CHINA MINMETALS CORPORATION

ADM beats a retreat on GrainCorp

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Original article by Sue Neales, Gretchen Friemann
The Australian – Page: 19 & 23 : 27-Jul-16

There has been a lukewarm response to the offmarket sale of Archer Daniels Midland’s 19.85 per cent stake in Australian-listed GrainCorp. ADM failed to attract interest in the shareholding when it was offered via Lazard on 26 July 2016. The Federal Government blocked ADM’s takeover bid for GrainCorp in late 2013, ruling that the deal was not in the national interest. ADM’s move to divest its stake may have been prompted by the Government’s continued tough stance on foreign ownership of agricultural assets, particularly given the National Party’s increased influence in cabinet following the federal election.

CORPORATES
GRAINCORP LIMITED – ASX GNC, ARCHER DANIELS MIDLAND COMPANY, NATIONAL PARTY OF AUSTRALIA, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, AUSTRALIA. DEPT OF AGRICULTURE AND WATER RESOURCES, SHANGHAI PENGXIN GROUP COMPANY LIMITED, S KIDMAN AND COMPANY PTY LTD, LAZARD PTY LTD, UBS HOLDINGS PTY LTD, GOLDMAN SACHS AUSTRALIA GROUP HOLDINGS PTY LTD, MORGAN STANLEY AUSTRALIA LIMITED, CBH LIMITED, AUSTRALIA. FOREIGN INVESTMENT REVIEW BOARD

Overseas companies ‘can game the system’

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Original article by Joe Kelly
The Australian – Page: 6 : 10-Jun-16

The Australian Labor Party’s proposal to increase the threshold for offshore investment in agricultural land has been criticised by Treasurer Scott Morrison. Labor would require purchases of farmland valued at $A50m or more to be approved by the Foreign Investment Review Board, but Morrison contends that offshore buyers would seek to avoid this by acquiring land for $A49m. Agriculture Minister Barnaby Joyce has also criticised Labor’s proposal to lift the threshold for foreign investment in the agribusiness sector to $A1bn.

CORPORATES
AUSTRALIAN LABOR PARTY, AUSTRALIA. DEPT OF THE TREASURY, AUSTRALIA. FOREIGN INVESTMENT REVIEW BOARD, AUSTRALIA. DEPT OF AGRICULTURE AND WATER RESOURCES, AUSTRALIAN CHAMBER OF COMMERCE AND INDUSTRY

China investor calls for clarity in FIRB rules

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Original article by Sue Neales
The Australian – Page: 21 : 9-Jun-16

Chinese-backed Rifa Australia has acquired 14 farms in Australia in the last two years, and it is seeking approval from the Foreign Investment Review Board to acquire an additional six properties. However, Rifa’s David Goodfellow says the company has been advised that the FIRB will not resume processing applications until late July 2016. He says investors are concerned that there will be further changes to regulations governing offshore investment in the agricultural sector if the Coalition wins the federal election.

CORPORATES
RIFA AUSTRALIA PTY LTD, AUSTRALIA. FOREIGN INVESTMENT REVIEW BOARD, S KIDMAN AND COMPANY PTY LTD, SHANGHAI PENGXIN GROUP COMPANY LIMITED, DAKANG AUSTRALIA HOLDINGS PTY LTD, ELDERS LIMITED – ASX ELD, MACQUARIE GROUP LIMITED – ASX MQG, PARAWAY PASTORAL COMPANY LIMITED, CBRE PTY LTD, NORTH AUSTRALIAN PASTORAL COMPANY

Kidman ‘deal’ off election agenda

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Original article by Sue Neales
The Australian – Page: 1 & 2 : 20-Apr-16

Shanghai Pengxin, Shanghai CRED Real Estate and Australian Rural Capital are poised to acquire the S. Kidman & Company rural property empire, comprising nine cattle stations and 180,000 head of cattle. However, federal Treasurer Scott Morrison will defer a decision on whether to approve the sale until late July 2016, to ensure that it does not become an election issue. The two Chinese groups will have an 80 per cent stake in the Kidman business.

CORPORATES
S KIDMAN AND COMPANY PTY LTD, SHANGHAI PENGXIN GROUP COMPANY LIMITED, SHANGHAI CRED REAL ESTATE STOCK COMPANY LIMITED, AUSTRALIAN RURAL CAPITAL LIMITED – ASX ARC, AUSTRALIA. DEPT OF THE TREASURY, DAKANG AUSTRALIA HOLDINGS PTY LTD, AUSTRALIA. FOREIGN INVESTMENT REVIEW BOARD, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Housing risks rise as foreign approvals soar

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Original article by Samantha Hutchinson
The Australian – Page: 23 : 12-Apr-16

Australia’s Foreign Investment Review Board processed 36,841 applications for offshore investments in the residential property sector during the last year. The FIRB approved a record $A61bn worth of foreign investments in the sector. A banking analyst has downplayed concerns that settlement risk will be heightened by any move by Chinese authorities to crack down on cash outflows, arguing that such measures have not been very effective to date.

CORPORATES
AUSTRALIA. FOREIGN INVESTMENT REVIEW BOARD, UBS HOLDINGS PTY LTD, MORGAN STANLEY AUSTRALIA LIMITED, LEND LEASE GROUP LIMITED – ASX LLC

ATO to test ‘national interest’

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Original article by Angus Grigg, Angela Macdonald-Smith
The Australian Financial Review – Page: 3 : 1-Apr-16

The Australian Taxation Office (ATO) has been given new powers to scrutinise foreign investments for their impact on Australia’s national interest. It seems that the ATO will focus on Chinese state-owned enterprises. The chairman of China’s State Grid Corporation, Liu Zhenya, said at a press conference in Beijing on 30 March 2016 that his company expected to be treated the same way as other bidders for the New South Wales electricity network, Ausgrid.

CORPORATES
AUSTRALIAN TAXATION OFFICE, AUSGRID PTY LTD, TRANSGRID, STATE GRID CORPORATION OF CHINA, AUSTRALIA. DEPT OF THE TREASURY, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Nation’s wealthy line up for slice of Kidman

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Original article by Sue Neales
The Australian – Page: 1 & 2 : 17-Mar-16

A decision on whether the sale of the S Kidman & Company rural property business to foreign buyers can proceed is likely in early April 2016. Three overseas consortiums were shortlisted to buy the Kidman assets, but it has been revealed that a number of potential Australian buyers have since been permitted to undertake due diligence. There have been suggestions that the decision was politically motivated, due to concerns about the sale of large landholdings to foreign interests.

CORPORATES
S KIDMAN AND COMPANY PTY LTD, ERNST AND YOUNG, SHANGHAI PENGXIN GROUP COMPANY LIMITED, GENIUS LINK ASSET MANAGEMENT GROUP, AUSTRALIAN COUNTRY CHOICE PTY LTD, AUSTRALIA. FOREIGN INVESTMENT REVIEW BOARD, AUSTRALIA. DEPT OF THE TREASURY, LINFOX PTY LTD, MOON LAKE INVESTMENTS PTY LTD, VAN DIEMEN’S LAND COMPANY, TASFOODS LIMITED – ASX TFL, KATHMANDU HOLDINGS LIMITED – ASX KMD, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, AUSTRALIA. DEPT OF AGRICULTURE AND WATER RESOURCES

Security ‘key to foreign investing’

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Original article by Brendan Nicholson
The Australian – Page: 2 : 18-Jan-16

Offshore investment in key Australian infrastructure is under scrutiny in the wake of the Northern Territory Government’s deal to lease the Port of Darwin to a Chinese company. The Australian Strategic Policy Institu­te’s submission to a Senate inquiry argues that the existing procedures for assessing proposed foreign investments are insufficient. It adds that while Australia must continue to welcome offshore investment, the question of national security must be given precedence.

CORPORATES
AUSTRALIAN STRATEGIC POLICY INSTITUTE LIMITED, AUSTRALIA. FOREIGN INVESTMENT REVIEW BOARD, AUSTRALIA. NATIONAL SECURITY COMMITTEE, PORT OF DARWIN, LANDBRIDGE GROUP COMPANY LIMITED, AUSTRALIA. SENATE STANDING COMMITTEE ON ECONOMICS, AUSTRALIA. DEPT OF DEFENCE, AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, UNITED STATES. EXECUTIVE OFFICE OF THE PRESIDENT, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ

TransGrid bidders cleared

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Original article by Angela Macdonald-Smith, John Kehoe
The Australian Financial Review – Page: 1 & 4 : 23-Nov-15

Australia’s Foreign Investment Review Board has vetted the shortlisted bidders for New South Wales-based TransGrid and given clearance for them to proceed with the acquisition. The four consortiums were shortlisted by the State Government in September 2015, and the successful bidder is expected to be named soon. The Government is tipped to gain around $A9bn from the privatization of TransGrid, which operates the state’s electricity grid and a fibre optic cable network.

CORPORATES
TRANSGRID, AUSTRALIA. FOREIGN INVESTMENT REVIEW BOARD, NEW SOUTH WALES. THE TREASURY, NEW SOUTH WALES. DEPT OF PREMIER AND CABINET, AUSTRALIA. DEPT OF THE TREASURY, STATE GRID CORPORATION OF CHINA, MACQUARIE INFRASTRUCTURE AND REAL ASSETS, QIC LIMITED, IFM INVESTORS PTY LTD, AUSTRALIANSUPER PTY LTD, CANADA PENSION PLAN INVESTMENT BOARD, BOREALIS INFRASTRUCTURE MANAGEMENT INCORPORATED, SPARK INFRASTRUCTURE GROUP – ASX SKI, HASTINGS FUNDS MANAGEMENT LIMITED, PORT OF DARWIN, S KIDMAN AND COMPANY PTY LTD, ARCHER DANIELS MIDLAND COMPANY, GRAINCORP LIMITED – ASX GNC