CELIS Update on Investment Screening – September 2022

CELIS Update on Investment Screening – May 2022

EU – European Commission publishes Second Annual Report on the screening of foreign direct investments into the Union On 1 September 2022, the European Commission (EC) published the Second Annual Report on the Screening of Foreign Direct Investment into the Union. The report contains besides the most recent data on foreign direct investment inflows into…

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CELIS Update on Investment Screening – August 2022

CELIS Update on Investment Screening – May 2022

Czechia – First Annual Report on Foreign Direct Investments Screening in the Czech Republic On 1 August 2022, the Ministry of Industry and Trade of the Czech Republic published the first Annual Report on Foreign Investments Screening in the Czech Republic. The report provides some interesting insights on the FDI Act that has been in effect for one…

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CELIS Update on Investment Screening – June 2022

CELIS Update on Investment Screening – May 2022

Belgium – Introduction of a general FDI regime The next EU member state is about to implement the EU Foreign Direct Investment (FDI) regulation and to present its first FDI regime. On 1 June 2022, the federal and regional governments of Belgium agreed on a draft legislative text that will introduce a mandatory FDI regime…

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CELIS Update on Investment Screening – May 2022

CELIS Update on Investment Screening – May 2022

EU – Commission singles out “hostile investors” As a reaction of the war against Ukraine, for the first time ever, the European Commission has taken the step of singling out two hostile investor countries for Member States to consider in applying foreign direct investment (“FDI”) screening laws. In its communication from 6 April 2022 the Commission…

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CELIS Update on Investment Screening – February 2022

CELIS Update on Investment Screening – May 2022

EU – Commission proposes European Chips Act On 8 February 2022, the European Commission published multiple documents relating to the Proposal for a Regulation establishing a framework of measures for strengthening Europe’s semiconductor ecosystem (European Chips Act). Due to their importance in the production of many goods in the technology sector, such as cars or…

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CELIS Update on Investment Screening – January 2022

CELIS Update on Investment Screening – May 2022

Germany – Second Amendment to Ordinance on the Designation of Critical Infrastructures enters into force and will cause more FDI Screening On 1 January 2022, the second amendment to the Ordinance on the Designation of Critical Infrastructures (“BSI-KritisV”) entered into force. The amendment constitutes an overhaul of the ordinance, which significantly lowers the thresholds that…

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CELIS Update on Investment Screening – November/December 2021

CELIS Update on Investment Screening – May 2022

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…

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CELIS Update on Investment Screening – October/November 2021

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…

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CELIS Update on Investment Screening – October 2021

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…

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CELIS Update on Investment Screening – September 2021 (Part II)

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…

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CELIS Update on Investment Screening – September 2021 (Part I)

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…

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CELIS Update on Investment Screening – August 2021

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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CELIS Update on Investment Screening – July/August 2021

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…

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CELIS Update on Investment Screening – July 2021

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)…

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