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Key Takeaways - - As FDI regimes proliferate and mature around the globe, governments are taking an ever-more expansive view of the concept of “national security” to include more than military and defense interests, which...more
Hosted by C5 Group, the 5th Annual European Forum on Global FDI Reviews returns for another exciting year with curated programming that provide sessions on the most pressing issues coming across your desk and strategic...more
On 24 January 2024, the European Commission (EC) published its proposed reform of foreign investment screening in the EU. The proposal introduces more comprehensive rules for the review of foreign investments and strengthens...more
EU Court Ruled on FDI Screening Limits - Implications for Investors - The Court of Justice of the European Union’s first decision on foreign direct investment (FDI) screening limits the scope of the EU FDI Screening...more
On October 3, 2023, the European Commission ("Commission") unveiled a list of 10 technology areas qualified as "critical" to the European Union's ("EU") economic security, out of which four (Semiconductors, AI, Quantum...more
Do you plan to invest in a Luxembourg entity that operates critical activities, such as energy, transport, health or communications in Luxembourg? If yes, you may need to get approval from the Ministry of Economy first. Here...more
Now in its seventh year of annual publication, White & Case's Foreign Direct Investment Reviews provides a comprehensive look into rapidly evolving foreign direct investment (FDI) laws and regulations in approximately 40...more
Takeaways - Since 2018, the U.S. and several other countries have revised or installed national security-related screening of foreign direct investments. Many jurisdictions now require filings for investments in the...more
On 1 January 2022, Germany renewed its ever tougher FDI rules yet again. The reform expands definitions of so-called critical infrastructures, especially but not only in the areas of IT services and energy. Indirectly, this...more
In response to the COVID-19 emergency, the screening powers of the Italian government were significantly expanded - The Italian government, led by the President of the Council of Ministries, together with any other...more
In its First Annual Report on the EU Foreign Direct Investment (FDI) Screening Regulation and Member States’ individual screening mechanisms, the European Commission takes stock of the first year of implementation of the new...more
The German federal government recently passed the 17th amendment to the Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung—AWV), which considerably expands the scope of foreign direct investment (FDI) screening...more
On May 1, 2021, the Foreign Direct Investments Screening Act (Act No. 34/2021 Coll. – the "FDI Act") is set to come into force, which will allow the government to screen potentially high-risk foreign transactions by investors...more
COVID-19 pandemic led Spanish Government to enact three Royal Decree-Laws during 2020, imposing restrictive measures on Spanish FDI regime. Before the COVID-19 outbreak, the Spanish foreign direct investment ("FDI") regime...more
To lower the risk of opportunistic trading resulting from the pandemic, the French government temporarily tightened its control over investments in strategic public companies. On 29 April 2020, the Ministry of Finance...more
Foreign investment control has become a key factor in M&A deals and 2020 was a particularly eventful year. A large number of countries have recently introduced foreign investment control regimes (or tightened their existing...more
In November 2020, the UK Government introduced the National Security and Investment Bill (the "Bill"). Subject to the passing through UK Parliament, the Bill is expected to become law in early 2021, ushering in a Committee on...more
New measures enacted for the purpose of protecting the Spanish economy amid the COVID-19 crisis may persist longer than expected - The exceptional circumstances in the first and second quarters of 2020 brought about by...more
Increased awareness of safety concerns related to foreign direct investments has prompted a ramp-up toward the implementation of a general FDI screening regulation - As of this writing, Sweden does not have a general FDI...more
The 16th Amendment to the German Foreign Trade and Payments Ordinance entered into effect on October 28, 2020, the third step in the German government’s efforts to tighten its foreign direct investment review regime in 2020....more
In a regime undergoing rapid change, investment screening is currently "light," with red tape increasing for European inbound investment - While there is still no standalone foreign direct investment (FDI) screening at...more
Deals are generally not blocked in Finland, and are reviewed mostly when in the defense and dual-use sectors - The Finnish government views foreign ownership positively as a catalyst for increasing internationalization...more
The long-awaited application of the European Union (EU) Regulation on a framework for the screening of foreign direct investment (FDI) in the EU started yesterday, 11 October 2020. It is still early days to anticipate how the...more
The UK government and the Competition and Markets Authority (CMA) have announced the withdrawal of draft guidance on the CMA’s powers and procedures with respect to enforcing an EU regulation for screening foreign direct...more
Key Takeaways - - Foreign Direct Investment (FDI) controls are proliferating around the globe. Since the pandemic, “health” has become a particular focus. - Several countries have adapted their existing FDI rules, or...more