Industrial Policy & Trade Monitor· 2663 actions· ✨ 89 recent

Latvia's Saeima adopted on 27 March 2024 amendments to the National Security Law (Nacionālās drošības likums), entering into force on 24 April 2024, that widen the perimeter of foreign-investment and ownership transactions subject to Cabinet of Ministers pre-clearance over "companies of significance to national security." The amendments expand the universe of regulated subjects beyond registered companies to include foundations and associations, tighten the rules on beneficial-ownership disclosure, and bring additional sensitive activities — energy security including LNG-terminal acquisitions, electronic communications, cybersecurity, and critical-raw-materials processing — under the regime, while clarifying Cabinet authority to impose conditions or unwind transactions retroactively. The law functions as Latvia's horizontal FDI-screening instrument under the EU-wide cooperation framework of Regulation 2019/452.

Bulgaria's National Assembly adopted on 22 February 2024 amendments to the Investment Promotion Act establishing the country's first horizontal foreign direct investment screening mechanism, published in State Gazette No. 20 on 8 March 2024 and entering into force on 12 March 2024. The regime implements EU Regulation 2019/452 by creating an Interdepartmental Screening Council with a 45-day decision window over non-EU investments meeting a 10 % equity stake or €2 million threshold in critical-infrastructure, dual-use, advanced-technology, media, and financial-infrastructure sectors, with no threshold for investments by Russian or Belarusian persons or in oil and petroleum activities. Non-compliance and false declarations carry fines of 5 % of investment value, with a minimum BGN 50,000.

Décret n° 2023-1293 of 28 December 2023 and the accompanying Arrêté of the same date amend France's foreign-investment control regime (Code monétaire et financier, Art. R.151-3 list of sectors requiring prior authorisation). They add activities of extraction, transformation and recycling of critical raw materials, and activities essential to the security of penitentiary establishments, to the controlled sectors; make permanent the control on crossing the 10% voting-rights threshold in listed companies by non-European investors; and extend control to takeovers of French branches of foreign entities carrying out a sensitive activity. The changes entered into force on 1 January 2024.

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.

The German Federal Government adopted the 17th amendment to the Außenwirtschaftsverordnung (AWV, Foreign Trade and Payments Ordinance), published 30 April 2021 and entering into force 1 May 2021, aligning Germany's FDI screening regime with EU Regulation 2019/452. The amendment adds 16 further sectors to the sector-specific mandatory-notification regime, on top of the 11 already covered, bringing the total to 27 -- including AI, robotics, autonomous vehicles/drones, semiconductors, quantum technology, satellite systems, cybersecurity, and critical raw materials. Filing thresholds are voting-rights acquisitions of 10% or more by a non-EU/EFTA investor in the newly added sectors, with subsequent review triggers at 20%, 25%, 40%, 50% and 75%.

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.