Foreign direct investment ("FDI") screening was one of the major topics of 2023 as a myriad of new regimes joined the FDI club and its more seasoned members continue to strengthen scope and enforcement, with the impacts felt...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
3/22/2023
/ Acquisitions ,
Anti-Monopoly ,
Asia Pacific ,
Australia ,
Austria ,
Belgium ,
Canada ,
CFIUS ,
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Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Cross-Border ,
Cybersecurity ,
Czech Republic ,
Denmark ,
EMEA ,
Estonia ,
EU ,
EU Screening Regulation ,
Finland ,
Foreign Direct Investment ,
Foreign Investment ,
France ,
Germany ,
Hungary ,
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Portugal ,
Romania ,
Slovakia ,
Slovenia ,
Spain ,
Sweden ,
Switzerland ,
Taiwan ,
Turkey ,
UK ,
United Arab Emirates (UAE) ,
United States
In September, the French Directorate-General of the Treasury published new guidelines on the screening of foreign direct investments (FDI) in France (the "Guidelines"). Highly anticipated, the Guidelines were issued following...more
On 1 September, the European Commission (EC) issued its Second Annual Report under Article 5(4) of the Foreign Direct Investments (FDI) Screening Regulation along with an EC Staff Working Document (SWD). The Report covers the...more
Member States are introducing or expanding investment screening regimes, and the European Commission is now playing an active role -
While there is no standalone foreign direct investment (FDI) screening at the EU level, the...more
12/27/2021
/ EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Subsidiaries ,
Investors ,
Member State ,
Popular ,
Proposed Regulation ,
Screening Procedures ,
Threshold Requirements
The European Commission (EC) issued its first Annual Report pursuant to Article 5(3) of the Screening Regulation on foreign direct investment (FDI) in the EU on 23 November 2021. The Report provides transparency around the...more
11/29/2021
/ Annual Reports ,
Cross-Border Transactions ,
EU ,
EU Screening Regulation ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Investors ,
Member State ,
Popular ,
Transparency
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
11/10/2020
/ Acquisitions ,
Critical Infrastructure Sectors ,
EU ,
EU Screening Regulation ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Member State ,
Merger Controls ,
Mergers ,
National Security ,
National Security Review Proceedings
On 3 April, the Commission adopted an Amendment to extend the Temporary Framework for State aid measures to support the economy in the COVID-19 outbreak adopted on 19 March (covered in our previous alert: European Commission...more
The European Commission has now adopted a Framework of temporary State aid rules enabling Member States to adopt measures to support the growing number of businesses suffering because of the COVID-19 outbreak. This is the...more
3/25/2020
/ Banks ,
Coronavirus/COVID-19 ,
Emergency Response ,
EU ,
European Commission ,
Federal Grants ,
Federal Loans ,
Financial Distress ,
Interest Rates ,
Member State ,
Small and Medium-Sized Enterprises (SMEs) ,
State Aid ,
State of Emergency ,
Subsidies ,
Tax Credits ,
Tax Deferral ,
Treaty on the Functioning of the European Union (TFEU)
In December 2018, a new decree expanded the scope of the French national security review, especially in the technology sector
In May 2019, the so-called “PACTE” Law strengthened the powers of French authorities in case of...more
1/3/2020
/ Defense Sector ,
Dual Use Goods ,
EU ,
Filing Requirements ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Member State ,
Mergers ,
Ministry of Economy ,
National Security ,
National Security Review Proceedings ,
PACTE Act ,
Prior Authorization
A new European Foreign Direct Investment regulation harmonizing investment controls came into force .
In response to increased foreign direct investments (FDI) into European technology assets and an increased call for the...more
12/31/2019
/ Critical Infrastructure Sectors ,
EU ,
European Commission ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Freedom of the Press ,
Harmonization Rules ,
Member State ,
National Security ,
National Security Review Proceedings ,
Reporting Requirements ,
Screening Procedures ,
Sensitive Business Information ,
Supply Chain ,
Technology Sector
New legislation broadens the scope of foreign investments control review in France and reinforces the sanctions in case of infringement. As a next step, French authorities are likely to adopt new regulations by the end of...more
7/22/2019
/ Critical Infrastructure Sectors ,
EU Directive ,
European Commission ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
France ,
Infringement ,
Interim Measures ,
Member State ,
National Security ,
National Security Review Proceedings ,
PACTE Act ,
Penalties ,
Sanctions ,
Suspensions ,
Voting Rights
Following completion of the Trilogue process, the three main EU institutions have agreed on a compromise for a new Regulation that gives the EU a largely procedural and coordinating function in connection with foreign direct...more
1/8/2019
/ CFIUS ,
Cooperation ,
Critical Infrastructure Sectors ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Harmonization Rules ,
Member State ,
National Security ,
National Security Review Proceedings ,
New Regulations ,
Reporting Requirements ,
Screening Procedures ,
Technology Sector