The Swedish Screening of Foreign Direct Investments Act

CELIS Update on Investment Screening - November 2023

By Dr. iur. Magnus Schmauch, Louise Sörelind, Martyna Lechowska, Gustav Eiroff Introduction   The Swedish Act on the Screening of Foreign Direct Investments (Sw. lag (2023:560) om granskning av utländska direktinvesteringar) (the “FDI Act”) entered into force on 1 December 2023. Closing in on the first anniversary of the FDI Act, Dr. iur. Magnus Schmauch…

Read More ...

The ‘Protecting Americans from Foreign Adversary Controlled Applications Act’ (PAFACAA): ‘TikTok Ban’ or New Milestone in US Economic Security Law?

By Paolo Mazzotti, PhD candidate and Research Fellow, Max Planck Institute for Comparative Public Law and International Law (Heidelberg) The recently adopted ‘Protecting Americans from Foreign Adversary Controlled Applications Act’ (PAFACAA) marks a new step in the evolution of US economic security law. While often referred to as a ‘TikTok ban’, PAFACAA puts in place…

Read More ...

CFIS 24: Paris Insights – FDI and EU Strategic Autonomy

CELIS Update on Investment Screening - November 2023

The CELIS Blog is launching its very first special series of blog posts ahead of this year’s CELIS Forum on Investment Screening (CFIS).  Our Programme Sherpas, promising young academics and practitioners in the field, share their views on the topics we will be discussing in the various panels during CFIS. CFIS is the flagship event…

Read More ...

CFIS 24: Paris Insights – Sovereign Wealth Funds and Investment Screening

Simon Shargi-Erdmosa

The CELIS Blog is launching its very first special series of blog posts ahead of this year’s CELIS Forum on Investment Screening (CFIS).  Our Programme Sherpas, promising young academics and practitioners in the field, share their views on the topics we will be discussing in the various panels during CFIS. CFIS is the flagship event…

Read More ...

The First Court (Interim Reliefs) Decision on the Dutch FDI Screening Regime: Setting the Boundaries

Najibullah Zamani

By Najibullah Zamani, Radboud University Introduction In recent years, mostly due to geopolitical developments, the perception of FDI by states has changed fundamentally. FDI is used increasingly as a tool to pursue geopolitical and security interests rather than as an objective in itself. As a consequence of this geo-politicization and securitization of FDI, more and…

Read More ...

The U.S. Prohibition of the MineOne-Acquisition: What would be the treatment under EU and German Foreign Direct Investment Legislation?

Benedikt Sichla

By Benedikt Sichla, Research assistant at Clifford Chance  1. Introduction On May 13, 2024, President Biden issued an order prohibiting for national security reasons the acquisition of real estate and the operation of a cryptocurrency mining facility in close proximity to a U.S. Air Force base. The foreign ownership of the acquirer by nationals of…

Read More ...

CELIS Webinar on the new EU Economic Security Package

The EU Commission's Economic Security Package: Scale Up and Revamp

On February 8, 2024, CELIS will host a lunchtime webinar on the new EU Economic Security Package. Following our last lunchtime webinar on the Xella judgment, this time we will discuss the new EU Economic Security Package with renowned expert. Moderated again by Jonas Fechter and Janosch Wiesenthal, the package will be discussed by Christian…

Read More ...

The EU Commission’s Economic Security Package: Scale Up and Revamp

The EU Commission's Economic Security Package: Scale Up and Revamp

By Sophie Bohnert, Vienna University of Economics and Business/College of Europe and Kilian Wagner, University of Vienna  Introduction: Long Awaited, Much Longed-For!  Over the past six months, the EC has been gradually releasing bits and pieces of information about possible initiatives to scale up and revamp the EU’s foreign trade and investment policy toolbox, creating…

Read More ...

Foreign direct investment screening in the EU: time to address weaknesses

Mihails Kozlovs

By Mihails Kozlovs, Member of the European Court of Auditors, Dean of Chamber IV – Regulation of markets and competitive economy Introduction The European Court of Auditors (ECA) in its role as the European Union’s (EU) external auditor audits not only the implementation of the EU budget, but also assesses the economy, effectiveness, and efficiency of…

Read More ...

Outbound Investment Screening

CELIS Update on Investment Screening – May 2023

By Dr. Leonard von Rummel, BLOMSTEIN   With the “Executive Order on Addressing United States Investments In Certain National Security Technologies and Products In Countries Of Concern“, the USA has drafted a regulation for outbound investment control. This article deals with the question of whether a comparable project could also be transferred to Europe or…

Read More ...

Call for Feedback

Call for Feedback

Dear CELIS Community, As we strive to propel the CELIS Institute’s mission forward and foster growth, we invite you to play a key role in our journey. Your insights are invaluable, and we would greatly appreciate it if you could take a moment to provide brief feedback on what you value most about the CELIS…

Read More ...

It’s that time of year again: The European Commission’s Third Annual Report on FDI Screening is out!

Sophie Bohnert

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 ...

National Interest and Freedom of Establishment: The CJEU’s Judgment in Xella

CELIS Update on Investment Screening – June 2023

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 ...