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National Security and Investment Act 2021—an expansive approach to liability

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Published on: 14 April 2022

Published by a LexisNexis Corporate Crime expert

Table of contents

Corporate and individual liability
Extra-territorial jurisdiction
The effectiveness of deterrence

Article summary

Corporate Crime analysis: While it is anticipated that prosecutions under the National Security and Investment Act 2021 (NSIA 2021) will be exceptionally rare, the criminal sanctions set out in it are explicitly framed to create a ‘sufficiently robust deterrent to ensure compliance.’ The provisions punish corporates and individual officers who connive or consent to commit an offence, as well as individual officers who are negligent (NSIA 2021, s 36). In addition, they are also extra-territorial (NSIA 2021, s 52), meaning that the scope of liability is particularly wide-ranging. Rebecca Niblock of Kingsley Napley considers the expansive approach to liability within the NSIA 2021.

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