Industrial Policy & Trade Monitor· 2665 actions· ✨ 90 recent

On 11 December 2025 the Council of the EU presidency, the European Parliament, and the European Commission reached provisional political (trilogue) agreement on the revision of Regulation (EU) 2019/452 establishing a framework for the screening of foreign direct investments into the Union, concluding interinstitutional negotiations on the Commission's proposal of 24 January 2024. The revised regime upgrades the 2019 cooperation-mechanism-only framework into a hybrid harmonised/mandatory regime: all 27 Member States must establish FDI screening mechanisms (replacing the current patchwork in which some Member States have no mechanism at all); mandatory minimum sectoral scope is set EU-wide and covers dual-use items, military equipment, hyper-critical technologies (general-purpose AI with space/defence relevance, quantum technologies, semiconductors), critical raw materials, critical entities in energy/transport/digital infrastructure, electoral infrastructure, and certain financial-system entities; foreign investments routed through EU subsidiaries fall within the perimeter; a shared database prevents Member-State arbitrage; and an optional single electronic-filing portal becomes available if requested by at least nine Member States. Screening decisions remain the exclusive responsibility of the Member State in which the investment is made. Once the Regulation enters into force (after Council and Parliament formal adoption and OJ publication, both pending as of the political-agreement date), the new rules will apply after an 18-month transition period — implementation expected toward the end of 2027.

The modern French FDI-screening regime is codified in Code monétaire et financier (CMF) Art. L151-1 to L151-7, substantially restructured by Loi PACTE n° 2019-486 du 22 mai 2019 (Art. 152-158) and operationalised by Décret n° 2019-1590 du 31 décembre 2019 (in force 1 April 2020) with implementing Arrêté du 31 décembre 2019. The regime requires prior authorisation from DG Trésor for non-EU/EEA acquisitions reaching ≥25% of a French target's voting rights across 17 sensitive sectors enumerated in CMF Art. R151-3, and for ≥10% acquisitions in listed-company targets (threshold made permanent by Décret 2023-1293 from 1 January 2024, having been originally introduced during COVID-19 by Décret 2020-892). Approximately 310 notifications are received annually; the regime closes the last major G7 EU-member-state FDI-screening parent-statute gap after DE AWG §§55-62, IT Golden Power DL 21/2012, NL Wet Vifo, UK NSI Act 2021, US CFIUS, JP FEFTA, AU FATA, and CH IPG.

Decreto-Legge 15 marzo 2012 n. 21 (GU n. 63 of 15 March 2012), converted with amendments into Legge 11 maggio 2012 n. 56 (GU n. 111 of 14 May 2012), establishes Italy's "Golden Power" special-powers regime — the foundational statute authorising the Italian Government to impose conditions on, veto, or prescribe remedies for corporate transactions in strategic sectors. The decree marked Italy's transition from a golden-share model (applicable only to privatised companies) to a sector-wide golden-power model applicable to any company carrying out activities of strategic relevance. Administered by the Presidenza del Consiglio dei Ministri (DICA), the regime has been progressively extended from its original defence + national-security + energy/transport/ communications scope to cover 5G, cloud, critical-raw-materials, financial-credit-insurance, agri-food, healthcare, media, space, and AI through a series of amending decrees from 2019 to 2026.

The Foreign Investment Promotion Act (FIPA), Act No. 5559, is the foundational statute governing all inbound foreign direct investment into the Republic of Korea. Enacted 16 September 1998 by the National Assembly under President Kim Dae-jung as part of IMF-conditionality-driven economic-liberalisation reforms following the 1997 Asian Financial Crisis, it replaced the 1966 Foreign Capital Inducement Act (외자도입법). FIPA establishes the MOTIE-chaired Foreign Investment Committee, the Invest Korea (KOTRA) operational arm, and national-security/public-order restrictions on FDI in sensitive industries under Article 4 — the primary legal authority for all inward-FDI screening, conditional-approval, and prohibition decisions. It also creates the Foreign Investment Zone (FIZ) and Cash Grant Programme incentive architecture that continues to underpin major semiconductor and EV-battery FDI into Korea.