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

Japan's Diet passed the Foreign Exchange and Foreign Trade Act (FEFTA) 2026 Amendment on 29 May 2026; the law was promulgated on 5 June 2026. The amendment represents the most significant overhaul of Japan's inbound FDI screening regime since FEFTA was first applied to national-security transactions in 2019. Three structural additions: (1) indirect-acquisition screening — extends mandatory prior-notification to acquisitions of Japanese sensitive-sector companies effected through intermediate holding structures or offshore parent vehicles, closing the principal gap exploited by Chinese and GCC SWF investors via SPV chains; (2) call-in powers — grants the Minister of Finance authority to open a review up to ten years retroactively where an acquisition was not pre-notified or where circumstances have materially changed since clearance, directly analogous to CFIUS § 721(b)(1)(D) retroactive jurisdiction; (3) cross-ministerial "Japan CFIUS" consultation framework — formally institutionalises a standing inter-agency committee (Finance, METI, MoD, NPA, MIAC) modelled on the US CFIUS committee, replacing the prior ad-hoc inter-ministerial process. Cross-ministerial and indirect-acquisition provisions entered into force immediately on promulgation (5 June 2026); remaining Cabinet-Order-level implementing provisions to follow within one year.

Japan's Cabinet approved an amendment to the Cabinet Order on Inward Direct Investment under the Foreign Exchange and Foreign Trade Act (FEFTA) on 1 April 2025; the order was promulgated 4 April 2025 and entered into force 19 May 2025. The amendment introduces two new investor categories — Type-A (investors legally or contractually obligated to share information with foreign governments) and Type-B (investors effectively in a comparable position without formal legal obligation) — and eliminates or narrows exemptions from mandatory prior-notification screening for both categories. The primary driver is concern over minority-stake acquisitions by Chinese investors in Japanese listed companies operating in sensitive sectors including cloud computing, telecommunications infrastructure, semiconductor equipment, and advanced electronics. The reform is structurally distinct from the outbound FEFTA catch-all controls overhaul (2025-10-09) and from the Economic Security Promotion Act (2022-05-18); it is the inbound FDI-screening complement to that framework.

Bill C-34, the National Security Review of Investments Modernization Act, received Royal Assent on 22 March 2024 — the first major overhaul of the Investment Canada Act (ICA) national-security review regime since 2009. Non-regulatory provisions came into force on 3 September 2024 by Order Fixing P.C. 2024-826 (SI/TR-32, Canada Gazette Part II). The Act creates a pre-implementation filing obligation for investments in prescribed "sensitive sectors" (final list set by regulation), gives the Minister of Innovation new authority to extend reviews and impose interim conditions or accept undertakings without a Governor-in-Council order, raises monetary penalties, and establishes information-sharing authorities with allied screening regimes. ISED's updated NSR Guidelines (5 March 2025) elevate "economic security" to a standalone factor and align the prescribed-sector list with the Sensitive Technology List (STL).