Posts Tagged ‘Investment Screening’
The EU’s Evolving Approach to Open Strategic Autonomy: a Critical Perspective on the Competitiveness Compass for the EU and Other Recent Policy Developments
By Professor Sergio Mariotti, Department of Management, Economics and Industrial Engineering, Politecnico di Milano Open Strategic Autonomy (OSA) has emerged as a defining concept in the evolution of European policy, shaped by an increasingly complex economic and geopolitical landscape. Two key dimensions stand out: (i) the central role of industrial policy and (ii) the integration of…
Read More ...Investment Screening-Konferenz von BDI und CELIS German Chapter
Globalisation appears to be more and more exhausted. World trade as a guarantor for prosperity and growth remains closely linked to questions of defence and national security. Particularly in the systems competition between the USA and China, more intensive investment controls at home and abroad are becoming a central political issue. For companies, investment controls…
Read More ...Investment Screening in the Netherlands: Proposed Expansion and Insights into Council Negotiations
By Jochem de Kok, Senior Associate, A&O Shearman Overview The Dutch Government has proposed an expansion of the investment screening regime. The expansion introduces a mandatory screening requirement for certain investments in artificial intelligence, advanced materials, nanotechnology, sensor and navigation technology, biotechnology, and nuclear technology for medical use (the Dutch Proposal). The Dutch Proposal aligns…
Read More ...Book Launch: The Age of Open Strategic Autonomy
The CELIS Institute proudly announces the lauch of the conference volume “The Age of Open Strategic Autonomy” by Jonas Fechter and Janosch Wiesenthal (CELIS Institute Deputy Assistant Directors and Blog Editors). In order to overcome the geo-economic challenges of the present, the European Union has developed the concept of Open Strategic Autonomy, which aims in…
Read More ...Romania’s strategic energy independence: a turning point in FDI Screening
By Raluca Maxim, Senior Associate, 360Competition “Energy blackmail must remain a sad memory of the past.” With this statement, Romania’s Ministry of Energy underscored its resolve to safeguard national and European energy security in flagging MVM Group’s proposed acquisition of E.ON Energie Romania’s gas and electricity supply division before the Commission for the Examination of…
Read More ...2024 Year-in-Review I Holiday Break
By Kilian Wagner (CELIS Blog Editor, University of Vienna) I. 2024 – Economic Security Developments in Review With a busy year coming to an end, it is time to take stock of the main developments in the area of economic security from an EU perspective. A number of new policy initiatives have been launched in…
Read More ...Understanding the Importance of Investment Screening measures for Financial and Economic Security of India
By professor Bimal N. Patel, Vice-Chancellor, Rashtriya Raksha University / National Security University of India Introduction The interdependence of economic policies and progress and national security always remains intertwined; financial and economic strength of India underpins its military capabilities, diplomatic influence, and internal stability. The Indian economy is likely to continue growth-rate of 7% in…
Read More ...Belgium’s FDI Screening Mechanism: 17 Months of Navigating the Blackbox
By Paul Hermant, Baptist Vleeshouwers and Claire De Neve. 1. Introduction Belgium’s Foreign Direct Investment (FDI) screening regime, implemented on 1 July 2023, is designed to protect the national security and strategic interests of Belgium and its federated entities. Now, over 17 months into the regime, and with the release of the first Annual Report…
Read More ...The ECJ and Investment Control – Intensified Investment Screening
By Juliane Kokott, Advocate General at the Court of Justice of the European Union The European Court of Justice (ECJ) and the Commission very much influence the investment climate in Europe. They have been very successful in abolishing all kind of direct and indirect impediments to the free movement of people, goods, services and capital.…
Read More ...Belgium – Screening of Foreign Direct Investment – Annual Report 2023-2024 (30 September 2024)
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Read More ...European Union – Fourth Annual Report on the screening of foreign direct investments into the Union (17 October 2024)
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Read More ...Balancing Security and Economics: The EU Investment Screening Mechanism
By Floor Doppen (University of Antwerp), Antonio Calcara (Vrije Universiteit Brussels) and Dirk De Bièvre (University of Antwerp) In the EU, Member States and the Commission are increasingly turning to trade and investment tools to address national security issues. In the face of concerns over technology leakage, supply chain resilience, dependencies in critical industries, data…
Read More ...The European Commission’s Fourth Annual Report on FDI Screening
By Sophie Bohnert, CELIS Blog A. Introduction This October is the month of investment screening. Not only did CFIS 2024, hosted by the CELIS Institute and convened by Steffen Hindelang and Roland Stein, take place in Paris (France) from 16 to 18 October 2024. It is also the month in which the European Commission (“EC”)…
Read More ...FDI And FSR Enforcement Trends in Europe: July and August 2024 – Hard Times For Chinese Investments In Europe?
Note from the Editors This post was first published on the Baker McKenzie Blog. By Paul Johnson, Pavlo Prokhorov and Beau Maes, all Baker McKenzie This summer was marked by a particular focus and scrutiny by authorities on transactions involving investors from China, which is typically considered a “risk” jurisdiction from an EU FDI and…
Read More ...CFIS 2024: Issue Notes (Part 2/2)
A Note from the Editors The CELIS Blog is launching its second special series of blog posts ahead of this year’s CELIS Forum on Investment Screening (CFIS). The Issue Note series provides analyses which are published to elicit comment and to further debate. The series is written by our Programme Sherpas, promising young academics and…
Read More ...CFIS 2024: Issue Notes (Part 1/2)
A Note from the Editors The CELIS Blog is launching its second special series of blog posts ahead of this year’s CELIS Forum on Investment Screening (CFIS). The Issue Note series provides analyses which are published to elicit comment and to further debate. The series is written by our Programme Sherpas, promising young academics and…
Read More ...The Dutch Strategy for Attracting Foreign Investments and Protecting National Security
By Olga Hrynkiv[i] The Netherlands is at a pivotal moment where it must strike a delicate balance between the influx of foreign investments and the imperative to protect its national security. For a long time, Dutch governments have resisted the introduction of a general screening mechanism on national security grounds, concerned it could hinder the…
Read More ...United Kingdom – Third Annual Report on the National Security and Investment Act 2021 (10 September 2024) (English)
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Read More ...Towards a centralisation of FDI screening in the EU? On the functioning and effects of the cooperation mechanism in the Commission’s proposal for a revised screening regulation
By Steffen Hindelang and Jan Philipp Huth[i] A. Introduction To those arguing, before the backdrop of increasing geopolitical tension, in favour of a security-oriented European industrial policy, it may seem like a relic of bygone times. However, Art. 63 para. 1 TFEU – still – provides for free movement of capital between the EU and…
Read More ...European Union – Commission Staff Working Document (26 July 2024) (EN
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Read More ...France – Annual report 2024 (4 June 2024) (French)
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Read More ...United States – Notice of Proposed Rulemaking to implement Executive Order 14105 (21 June 2024) (English)
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Read More ...Updated guidance on the UK’s investment screening regime: key takeaways
By Veronica Roberts, Andre Pretorius and Ruth Allen, Herbert Smith Freehills LLP On 21 May 2024 the UK Government published updated versions of two key documents for investors seeking to assess how the UK National Security and Investment (NSI) screening regime may apply to a proposed transaction: an updated statement on how the Secretary…
Read More ...Foreign Direct Investment in Thailand
By Lukas Baumgärtner, Mag. Iur, LL.M., Attorney at Law at Luther Rechtsanwaltsgesellschaft (Bangkok and Yangon) I. INTRODUCTION Thailand has demonstrated a significant trajectory of economic development over recent decades, with foreign direct investment (ʺFDIʺ) being an important contributor to this success. FDI inflows stood at USD 10 billion in 2022, down by 31.5% compared…
Read More ...The First Court Decision on the Austrian FDI Screening Regime
By Dr. Johannes Barbist, Binder Grösswang I. Introduction A regular CELIS blog reader will know already: Austria is at the forefront of EU jurisdictions when it comes to FDI filings submitted to the EU cooperation mechanism (counted by population, see here for a compilation of the data). However, until very recently there were no…
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