CELIS News

Andrea Sacco Ginevri, CELIS Country Reporter for Italy, and Federico Riganti, CELIS Assistant Country Reporter for Italy, shortly brief us on the extension of certain restrictions on FDI in Italy.

UK – Further secondary legislation intended to clarify certain aspects under the National Security and Investment Act published On 16 November 2021, the government published further secondary legislation to clarify certain aspects under the National Security and Investment Act, the latter entering into force on 4 January 2022. The secondary legislation sets out the acquisitions…

Today, on 27 December 2021, the CELIS Institute is delighted to announce the agreement with BLOMSTEIN, a boutique law firm for international trade, antitrust, and public procurement law based in Berlin, to serve as a CELIS Patron and key sponsor for the CELIS Forum on Investment Screening, the flagship event of the CELIS Institute, which will take…

Today, on 17 December 2021, the CELIS Institute is delighted to announce the agreement with Datenna, an intelligence platform providing information to solve information imbalances with China, to serve as a CELIS Patron and key sponsor for the CELIS Forum on Investment Screening, the flagship event of the CELIS Institute, which will take place in Warsaw…

Today, on 3 December 2021, the Commission delegated Regulation (EU) 2021/2126 of 29 September 2021 has been published. It amends the Annex to Regulation (EU) 2019/452, commonly known as the “EU-FDI Screening Regulation”. The amendments concern the list of projects or programmes of Union interest under Art. 8 of the EU-FDI Screening Regulation. Under this…

Yesterday, on 23 November 2021, the European Commission (EC) published the long-awaited Annual Report on the Screening of Foreign Direct Investment. In addition to data on foreign direct investment flows in the EU, the report mainly contains an overview of legislative developments in the area of investment screening in the Member States and their investment…

EU – Launch of consultation platform on the EU-US Trade and Technology Council (TTC) On 18 October 2021, following the inaugural meeting in September, the European Union and the United States set up an online consultation platform for stakeholders to involve in shaping the transatlantic cooperation under the TTC. The platform will allow stakeholders to…

Japan – Notification obligation for investments in critical minerals The Ministry of Finance as well as other Ministries confirmed that foreign investors of three new “core business sectors” that plan to invest in critical minerals will be required to file a prior notification from 5 November 2021 under new rules in the Foreign Exchange and…

Luxembourg – Minister for Foreign and European Affairs submits Bill on Investment Screening On 15 September 2021, the Minister for Foreign and European Affairs has submitted a bill “establishing a national screening mechanism for foreign direct investment that may affect security or public order” for the purpose of implementing Regulation (EU) 2019/452. The Bill concerns…

EU – CJEU rules intra-EU investment arbitration under the Energy Charter Treaty (ECT) to be incompatible with EU law On 2 September 2021, the CJEU issued its ruling in Case C‑741/19 (Republic of Moldova v Komstroy) finding that Article 26 of the ECT is not applicable to intra-EU investment disputes due to a violation of…

Australia – The Treasury completes consultations on foreign investment reforms On 31 August 2021, the Treasury has completed its consultation process of recent reforms on foreign investment in 2020. In order to evaluate the reforms, the Treasury invited stakeholders to submit written statements on key elements such as national security, compliance, streamlining and fees. The…

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Australia – Foreign Investment Review Board (FIRB) publishes a series of guidance notes The FIRB published a series of guidance notes which should help foreign investors navigating through the review process of their investments. The notes not only give a quick overview of the foreign investment screening regime but also contain information about how those…

Denmark – New Danish Investment Screening Regime enters into force On July 1, the new Danish Investment Screening Act, adopted by the Parliament in May, entered into force. The objective of the new law is to prevent foreign investments executed after September 1 (as the law does not apply to investments prior to that date)…