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

Sweden's first horizontal foreign-direct-investment screening regime. Lag (2023:560) om granskning av utländska direktinvesteringar — promulgated (utfärdad) by the Ministry of Justice on 21 September 2023 on the basis of Government Bill 2022/23:116, and entered into force on 1 December 2023 — establishes mandatory ex-ante notification to Inspektionen för strategiska produkter (ISP) for direct or indirect acquisitions of voting rights of ≥10%, 20%, 30%, 50%, 65%, or 90% in Swedish entities conducting "skyddsvärd verksamhet" (protected business activities). The protected-activity perimeter is defined by Förordning (2023:624) and the ISP listing across seven sub-categories: essential services, security-sensitive activities, critical raw materials/metals/ minerals, sensitive location and personal data, military equipment, dual-use goods, and emerging or strategically protected technologies. Both EU and non-EU investors are within scope. Unnotified transactions are void by operation of law and may carry administrative fines of SEK 25,000 to SEK 100 million. From 1 Dec 2023 to 29 Nov 2024 ISP processed 1,206 notifications, opened 24 deeper screenings, approved 11, approved 5 with conditions, and prohibited 1 transaction.

Finland's parent foreign-direct-investment screening statute. Laki ulkomaalaisten yritysostojen seurannasta (172/2012) — originally enacted in 2012 to replace the 1992 act — was comprehensively amended by Act 682/2020, which entered into force 11 October 2020 to align Finnish national procedure with EU Regulation 2019/452 establishing the EU FDI cooperation mechanism. The Act establishes (i) mandatory ex-ante notification to the Ministry of Economic Affairs and Employment (TEM) for non-EU/EEA acquisitions of Finnish entities producing or supplying defence equipment, dual-use goods, or products/services critical to functions vital to society, and (ii) voluntary notification for any acquisition of a Finnish company with "critical interests for securing societal vital functions." Foreign-owner triggers apply at 10%, one-third, and 50% of voting rights or equivalent influence. TEM is designated the Finnish FDI contact point under Reg 2019/452. Confirmation is granted by TEM unless a key national interest is endangered, in which case the matter is referred to a Government plenary session (Valtioneuvoston yleisistunto); a denied transaction obliges the foreign owner to dispose of the shares within a stated period.