The National Security and Investment Act 2021 (NSIA) gives the UK government the power to scrutinise and intervene in certain acquisitions made by any individual, business, investor, organisation etc that could damage the UK’s national security. After scrutiny and assessment, the UK government will be able to block, undo or impose conditions on an acquisition; as well as provide certainty and transparency for acquisitions to proceed with confidence.

Universities should be aware of the NSI Act when collaborating with other parties to acquire, sell or develop a ‘qualifying’ entity or asset. The Act relates to acquisitions completed after 12 November 2020 only.

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Examples

In relation to acquisition of an entity, this would usually apply to the University spin out companies which the Enterprise team manage.

Acquisition of a qualifying asset, which can include both tangible moveable and intellectual property, for example where such assets are licensed out (exclusively or non-exclusively) by a university, this would be considered as potentially notifiable under the NSI Act.

The University has previously notified under the Act. The UK government published a final order in relation to the notification, for details please see here.

Further Guidance

Notifications are made through the Export Control Officer within Legal & Governance team. Please contact exportcontrol@liverpool.ac.uk if you believe a notification may be required.

• UK government guidance - The National Security and Investment Act: guidance for universities
• Universities UK guidance - National Security and Investment Act

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