Industrial Policy & Trade Monitor· 2663 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.

Spain's comprehensive 2023 implementing regulation of Law 19/2003, of 4 July, on the legal regime of capital movements and economic transactions with the exterior. Adopted as Real Decreto 571/2023 of 4 July 2023, published in the Boletín Oficial del Estado on 5 July 2023 (BOE-A-2023-15549), and in force from 1 September 2023. The Decree repeals the predecessor Royal Decree 664/1999 of 23 April on foreign investments, updates the declaration regime to reflect twenty years of practice and capital-market innovation, and operationalises the Article 7-bis horizontal FDI-screening mechanism that the 2020 COVID-emergency reforms (RDL 8/2020 and RDL 11/2020) inserted into Law 19/2003. It introduces a binding consultation regime (consulta vinculante), reduces the screening review period to three months, refines the catalogue of sensitive sectors (defence, dual-use, critical technologies, critical infrastructure, critical inputs, media, electoral process, access to sensitive information, and activities affecting public security, health and order), and codifies notification thresholds for non-EU/EFTA investors (>10% control or material influence; minimum transaction values of EUR 5 million / EUR 1 million for certain sectors).

On 9 June 2023 the National Assembly of the Republic of Slovenia adopted Zakon o spremembah in dopolnitvah Zakona o spodbujanju investicij — ZSInv-C (Act on Amendments to the Investment Promotion Act), published in Uradni list RS No. 65/23 on 17 June 2023 and entering into force on 1 July 2023. The amendment converts Slovenia's temporary COVID-era inward FDI screening regime (originally introduced under ZIUOPDVE in 2020 and set to expire June 2023) into a permanent, horizontal screening framework administered by the Ministry of Economy, Tourism and Sport (MGTŠ). Non-EU (third-country) investors acquiring ≥10% voting rights or control in Slovenian entities operating in sectors listed under EU Regulation 2019/452 — including critical infrastructure, critical technology and dual-use goods, critical inputs, sensitive data, media, and health/AI/robotics — must submit a mandatory pre-closing notification; the ministry has suspensory power and may block, condition, or unwind transactions on grounds of security or public order. A subsequent 2024 amendment (Uradni list RS No. 31/24) broadened scope by redefining "corporate entity" to capture indirect investments channelled via branches of foreign entities established in other EU member states.