CELIS-Blog
CELIS Update on Investment Screening – October 2023
Germany – Upcoming Investment Screening Act and the 20th Amendment to the AWV There is a new Investment Screening Act upcoming in Germany – the new law is expected to separate the foreign direct investment screening rules from the German Foreign Trade Laws (contained in AWG and AWV), restructuring them into an isolated law. A…
Read More ...Trade and Investment between the EU and India: A promising horizon with a closer look at negotiation roadblocks.
By Thijs De Cuyper, University of Leuven and Gautam Mohanty, Kozminski University and Jindal Global Law School Introduction – The sixth round of the European Union (EU)-India investment protection agreement (IPA) was set to resume on 10-13 October 2023 in Brussels. However, plans have changed due to India prioritizing its Free Trade Agreement (FTA) with…
Read More ...‘A Chain Works Just as Well as its Weakest Link’ – CFIS Keynote and Roundtable on the Review of the EU FDI Screening Regulation
By Ass.-Prof. Dr. Lena Hornkohl, University of Vienna / CELIS Deputy Director The annual conference of the CELIS Institute dealt with the pivotal question of Investment Screening and Economic Security and its current challenges. CFIS 2023 was held in Prague from 11 – 13 October 2023 and consisted of a private and a public part.…
Read More ...The Anti-Coercion Instrument has been adopted
By Ass.-Prof. Dr. Thomas Verellen, University of Utrecht [1] On October 23rd, 2023, the Council adopted the Anti-Coercion Instrument. The adoption by the Council comes a couple of weeks after the European Parliament gave its consent to the instrument on October 3rd. The Council’s press release states that the regulation will be signed on November…
Read More ...Economic Security in the EU: Key Takeaways from CFIS 2023
By Dr. Roland Stein, LL.M. Eur., BLOMSTEIN / CELIS Deputy Director The CELIS Forum on Investment Screening (CFIS) 2023 conference in Prague provided valuable insights into the multifaceted realm of economic security in the European Union (EU). The discussions centered on critical issues such as the screening of foreign inward direct investments, outward investment controls,…
Read More ...Quelling the Flames or Fighting Fire with Fire? The EU’s Two Approaches to Foreign Subsidies
By Pierfrancesco Mattiolo, University of Antwerp At the base of the EU State aid regime is the principle that Member States cannot grant subsidies to their companies unless authorized by the European Commission. Subsidies are frowned upon by the EU Treaties since they may distort the internal market and create disparities between the Member States…
Read More ...It’s that time of year again: The European Commission’s Third Annual Report on FDI Screening is out!
By Sophie Bohnert, Vienna University of Economics and Business/College of Europe Introduction On 19 October 2023, the European Commission (“EC”) published its Annual Report on the screening of foreign direct investments into the Union (“Report”), covering the year 2022. This Report is accompanied by the usual Staff Working Document. This is the third report…
Read More ...Global Telecom Holding S.A.E. v Canada – Investment arbitration as a potential remedy against negative FDI screening decisions?
By Kilian Wagner, University of Vienna FDI screening and international investment law Bilateral investment treaties (BITs) and specific chapters in free trade agreements include substantive standards of investment protection. These comprise rules on expropriations, national and most-favoured-nation treatment, and the fair and equitable treatment (FET) of investments. Most BITs contain provisions on investor-state dispute settlement…
Read More ...Evaluation Report on Amendments to the German Investment Screening Mechanism
By Jonas Fechter, University of Münster / CELIS Deputy Assistant Director I. Legislative changes and reporting duties Over the past couple of years, investment screening has become a central legislative instrument for promoting security and public order in many Western countries. When Germany first introduced its two-tier screening system in 2004 (military sector) and…
Read More ...The ECJ’s Judgment in Xella – Judicial Cherry Picking?
By Alexia Crivoi, Vienna University of Economics and Business Introduction In the much-discussed Xella judgment of July 13 2023, the Court of Justice decided two things: that the scope of the EU FDI Screening Regulation does not extend to ‘indirect FDI’, rejecting arguments relating to the company structure of an EU-based but foreign-owned investor…
Read More ...The Special Economic Zones in the Gulf Region and their Significance for the Global Economy
By Gianmatteo Sabatino, Zhongnan University of Economics and Law Among the economic institutions most involved in the ongoing mutation of global supply chains and development models are the Special Economic Zones (SEZs). Among the areas most critical for the shaping of economic and political geographies in the near future is the Gulf Region. Therefore,…
Read More ...CELIS Update on Investment Screening – September 2023
Estonia – FDI regime coming into force on 1 September 2023 Several FDI regimes came into force at the beginning of the month of September 2023. The Estonian Act establishing a new FDI regime in Estonia came into force on 1 September 2023. The Estonian Parliament adopted the Foreign Investment Reliability Assessment Act on 25…
Read More ...CELIS Update on Investment Screening – August 2023
Luxembourg – FDI Regime coming into force on 1 September 2023 The Luxembourg law of 14 July 2023 introduces a new foreign direct investment regime with a suspensory mandatory notification requirement in relation to investments in a broad range of sectors. Luxembourg is the latest European jurisdiction to pass broad FDI legislation and its FDI…
Read More ...National Interest and Freedom of Establishment: The CJEU’s Judgment in Xella
By Bálint Kovács In its judgment[1] published on 13 July 2023, the Court of Justice of the European Union (CJEU) ruled that Hungary’s decision to prohibit an investment by a foreign-owned Hungarian company aiming to acquire a Hungarian company violated the freedom of establishment. The prohibition involved the use of the novel foreign direct investment…
Read More ...CELIS Update on Investment Screening – July 2023
Spain – Spanish FDI Regulation enacted on 4 July 2023 Over the past three years, Spain has significantly strengthened its FDI regime. On 4 July 2023, the Spanish Council of Ministers approved the Royal Decree 571/2023 of 4 July on foreign investments and therewith amended and developed a number of rules that had been introduced…
Read More ...CELIS Update on Investment Screening – June 2023
Belgium – FDI screening regime enters into force 1 July 2023 As almost all EU Member States have introduced a foreign direct investment screening mechanism into their law, it is now Belgium’s turn: on July 1 2023, Belgium’s new FDI screening regulations, drafted in June 2022, will take effect. As there is a significant increase…
Read More ...CELIS Update on Investment Screening – May 2023
Netherlands: Investment screening act comes into force on 1 June 2023 On 1 June 2023 the Dutch general investment screening control rules will come into force. The Netherlands adopted the act already in 2022 and has therewith implemented the EU’s FDI Regulation 2019/452. Future investments in critical infrastructure or sensitive technology will have to be…
Read More ...CELIS Update on Investment Screening – April 2023
EU – Commission considers introducing an outbound investment screening mechanism On 30 March 2023, European Commission President Ursula von der Leyen gave a speech in which she announced that the EU is preparing a mechanism for screening outbound investment. The speech was made during her visit to China on 5-6 April and addresses the threats…
Read More ...CELIS Update on Investment Screening – March 2023
France – Considerable increase in international investments On 27 February 2023, the French government announced that the number of international investments in France had increased in 2022 compared to 2021: 1,725 investment decisions were recorded in France that year, an increase of 7% compared to 2021. Projects in the energy and recycling sectors have grown…
Read More ...CELIS Update on Investment Screening – February 2023
Estonia – Introduction of new FDI-regime On 25 January 2023, the Estonian Parliament has passed the Foreign Investment Reliability Assessment Act which will enter into force on 1 September 2023. The act will introduce the very first Foreign Direct Investment Screening (FDI) regime in Estonia. Under the new law foreign direct and indirect investments from…
Read More ...CELIS Update on Investment Screening – January 2023
France – Extension of temporary FDI framework for another year On 23 December 2022, the French government published Decree No. 2022-1622 concerning the extension for another year of the temporary framework lowering the threshold for acquiring voting rights that may trigger FDI screening procedure in France from 25% to 10%. While this temporary regime, which…
Read More ...CELIS Update on Investment Screening – November 2022
EU – Commission prepares revision of the EU’s FDI Screening Regulation In a communication on its work programme for 2023 dated 18.10.2022, the European Commission announced that it is ready to review the EU FDI Screening Regulation two years after its entry into force. The aim is to identify the necessary modifications that would improve…
Read More ...CELIS Update on Investment Screening – October 2022
USA – Treasury publishes CFIUS Enforcement and Penalty Guidelines On 20 October 2022 the Department of the Treasury, as Chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), has released the first-ever CFIUS Enforcement and Penalty Guidelines. The Guidelines provide the public with information about how the Committee assesses…
Read More ...CELIS Briefing Note: Cyprus – Republic of Cyprus’ FDIS Bill: State of Play – Interim Update
Dr. Thomas Papadopoulos and Mr. Pantelis Christofides, CELIS Country Reporter for Cyprus, provide an update on the current state of play of the process on legislation to screen foreign direct investment in Cyprus.
Read More ...CELIS Briefing Note: Cyprus – Republic of Cyprus’ FDIS Bill: State of Play
Dr. Thomas Papadopoulos and Mr. Pantelis Christofides, CELIS Country Reporter for Cyprus, report on the current state of play of the process on legislation to screen foreign direct investment in Cyprus.
Read More ...