Industrial Policy & Trade Monitor· 2662 actions· ✨ 89 recent

The Legislative Yuan of Taiwan (ROC) passed amendments to Article 22 of the Statute for Industrial Innovation (產業創新條例) and added a new Article 67-3 on third reading on 18 April 2025, promulgated by Presidential Decree on 7 May 2025. The package establishes for the first time a Taiwanese OUTBOUND-investment screening regime under the Statute: outbound investments by Taiwanese entities meeting the amount threshold (NTD 1.5bn, or lower as determined) OR involving designated countries/regions OR specific industries or technologies must obtain prior approval from the Ministry of Economic Affairs (MOEA) before implementation. The competent authority may deny approval (in whole or in part) or impose conditional approval where particular circumstances are identified — including risks to national security, harm to economic development or supply-chain resilience, conflict with international treaties, or violation of labour-standards law. The new Article 67-3 establishes enforcement penalties ranging from NTD 50,000 to NTD 1,000,000 for initial non-compliance violations and NTD 500,000 to NTD 10,000,000 per violation for failure to comply with conditions, restrictions, or undertakings imposed by MOEA under Article 22 Paragraph 3. Effective dates of implementing provisions are to be determined by Executive Yuan secondary legislation; the package is structurally novel for Taiwan — the first horizontal outbound-investment-security instrument and the structural parallel to the US Treasury Final Rule on Outbound Investment in Countries of Concern (28 October 2024 / effective 2 January 2025), the EU Commission Recommendation 2025/63, and Korea's MOTIE NCT regime.

President Biden signed Executive Order 14105 on 9 August 2023, "Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern", establishing the first dedicated US outbound-investment screening regime. The EO directs Treasury to prohibit or require notification of US investments in Chinese (and Hong Kong, Macau) entities engaged in three categories of technology: (1) semiconductors and microelectronics, (2) quantum information technologies, (3) artificial intelligence systems. After a public-comment process, Treasury issued the final rule (31 CFR Part 850) on 28 October 2024, effective 2 January 2025.

The Wet veiligheidstoets investeringen, fusies en overnames ("Vifo Act") is the Netherlands' cross-sector statutory FDI screening regime. Adopted by the States-General on 18 May 2022 (Stb. 2022, 215) and entered into force on 1 June 2023 together with two implementing decrees (Stb. 2023, 173 — main implementing decree; Stb. 2023, 172 — decree defining the scope of "sensitive technology"), the Act establishes mandatory pre-closing notification and a security review by the Bureau Toetsing Investeringen (BTI, part of the Ministry of Economic Affairs and Climate) for transactions affecting (i) "vital providers" in critical infrastructure sectors — energy, transport, telecoms, port operators, banking infrastructure — and (ii) Dutch undertakings active in "sensitive technology", defined to include EU Reg 2021/821 Annex I dual-use items, military goods, and additional national-security technologies. The regime applies retrospectively to transactions completed after 8 September 2020. It is the foundational instrument under which the Dutch national export-control measures on ASML DUV immersion lithography (filed: 2023-06-30 and 2024-09-07) operate, and the Dutch peer of US CFIUS, EU Regulation 2019/452, the German AWG §§55-62, the French Décret 2014-479 / R. 151-1 et seq., and the UK NSI Act 2021.