Posts Tagged ‘2023’
The UK’s National Security and Investment Regime: Key insights from the Annual Report 2022-23
By Nissim Massarano, Clifford Chance[1] On 11 July 2023, the UK’s Investment Security Unit (“ISU”) released its annual report on the operation of the UK National Security and Investment (“NSIA”) regime for the period covering 1 April 2022 – 31 March 2023 (here). The Annual Report provides aggregated data on the operation of the…
Read More ...Germany – 20th Ordinance amending the German Foreign Trade and Payments Ordinance (27 September 2023) (English)
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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 ...Country Note Serbia 2023
CELIS Country Note on Serbia, 2023 by Luka Marosiuk Date of Publication: 25 October 2023 The Republic of Serbia promotes itself as an open country and tries to attract as much foreign investments as possible, from various sources and in various fields. In the last year (2022), the Republic of Serbia attracted numerous foreign direct…
Read More ...Country Note Belgium 2023
CELIS Country Note on Belgium, 2023 by Thijs de Cuyper Date of Publication: 25 October 2023 The Belgian cross-sectoral Investment Screening Mechanism (ISM) has recently entered into force. The objective of this mechanism is to identify and mitigate risks related to Foreign Direct Investments in Belgian critical infrastructure and strategic assets. The journey towards creating…
Read More ...Country Note Norway 2023
CELIS Country Note on Norway, 2023 by Charlotte Hafstad Date of Publication: 25 October 2023 Since 1 January 2019, investments in Norwegian companies that are subject to the Security Act, have been screened by Norwegian authorities. The screening provisions of Chapter 10 in the Security Act have recently been amended, though they has not entered…
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 ...Estonia – Foreign Investment Reliability Assessment Act of 25 January 2023
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Read More ...Sweden – Guide to Sweden’s New FDI Regime
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Read More ...USA – Executive Order 14105 (9 August 2023) (English)
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Read More ...Luxembourg – FDI Regime (14 July 2023) (French)
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Read More ...United Kingdom – Decision Acquisition of GE Oil & Gas Marine & Industrial UK Ltd and GE Steam Power Ltd by EDF Energy Holdings Ltd via its wholly owned subsidiary, GEAST UK Ltd: notice of Final Order, 7 August 2023
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Read More ...UNCTAD – Investment Policy Monitor No. 25, February 2023
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Read More ...Turkey – Foreign Direct Investment Strategy of Turkey 2021-2023
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Read More ...UNCTAD – World Investment Report 2023
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Read More ...UNCTAD – International Investment Agreements, Issues Note, Review of 2021 Investor-State Arbitration Decisions: Insights for IIA Reform
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Read More ...UNCTAD – Investment Policy Review of Togo, 2023
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