Industrial Policy & Trade Monitor· 2663 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.

The Investitionskontrollgesetz (InvKG, "Investment Control Act") is Austria's horizontal, statutory FDI screening regime. Published as Article 1 of the Federal Law BGBl. I Nr. 87/2020 on 24 July 2020 and entering into force on 25 July 2020, the Act replaced the previous narrow §§25a–25e Außenwirtschaftsgesetz 2011 (Foreign Trade Act) regime — under which fewer than 10 permits were issued from 2013 to mid-2020 — and transposes EU Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union. The InvKG introduces mandatory ex-ante notification and approval of non-EU / non-EEA / non-Swiss acquisitions where the acquirer crosses any of the 10% / 25% / 50% voting-rights thresholds in an Austrian target operating in the critical sectors listed in Annex Part 1 (especially sensitive: defence, energy / water / telecoms critical infrastructure, dual-use technology, cybersecurity, AI, quantum technology, robotics, semiconductors, biotech, health, vaccines) and 25% / 50% in the sectors listed in Annex Part 2 (broader, including media, food-security, electronic communications infrastructure, financial infrastructure). Administered by the Bundesministerium für Arbeit und Wirtschaft (BMAW), with case decisions taken in coordination with the Komitee für Investitionskontrolle (inter-ministerial Investment Control Committee) and, where the case is escalated to the EU cooperation mechanism, the Commission and EU peer Member States. The InvKG is Austria's functional peer of US CFIUS / FIRRMA, UK NSI Act 2021, Germany AWG §§55–62, France Décret 2014-479 / R. 151-1 et seq., Italy Golden Power Decree, Netherlands Wet Vifo, Denmark investeringsscreeningsloven, and Belgium ISC. Sunset clause: originally limited to 30 June 2022 under §17(2) InvKG; permanently extended by BGBl. I Nr. 80/2022 of 14 July 2022.