Industrial Policy & Trade Monitor· 2666 actions· ✨ 90 recent

Ireland's Screening of Third Country Transactions Act 2023 (Act No. 28 of 2023), signed into law on 31 October 2023 and commenced on 6 January 2025 via S.I. No. 651 of 2024, establishes Ireland's first-ever mandatory inbound FDI screening regime. The Act empowers the Minister for Enterprise, Tourism and Employment to assess, condition, or prohibit transactions by third-country investors (non-EU/EEA/Switzerland) exceeding a EUR 2 million cumulative threshold in targets operating across critical infrastructure, critical technologies, dual-use items, supply of critical inputs, sensitive personal data, and media freedom. A 90-day standstill period applies during Ministerial determination, with criminal sanctions and transaction-voiding powers available for non-compliance.

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.

Luxembourg's Chambre des Députés adopted the first-ever national FDI-screening statute on 14 July 2023 (promulgated by the Grand Duke and published in Mémorial A n° 411 on 18 July 2023), entering into force 1 September 2023. The law requires non-EU investors to notify the Ministre de l'Économie before completing direct or indirect acquisitions of ≥25% voting rights / equity in Luxembourg entities engaged in "critical activities" across twelve sectors. The Minister can approve, conditionally approve, or prohibit transactions within a two-month initial screening window, with a further 60-day deep-review phase available; an inter-ministerial Comité de filtrage (Economy + Foreign Affairs + Finance + SREL intelligence service) advises on security and public-order grounds consistent with EU Regulation 2019/452.

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).

Lov 2023-06-20 nr. 77 (Lov om endringer i sikkerhetsloven — eierskapskontroll og lovens virkeområde), adopted by the Storting on 9 June 2023, signed 20 June 2023, in force 1 July 2023, is Norway's first substantive overhaul of Chapter 10 (Eierskapskontroll / ownership control) of the 2018 Security Act (Sikkerhetsloven). The amendment widens the scope of undertakings that can be brought under ownership control beyond entities directly linked to a "grunnleggende nasjonal funksjon" (fundamental national function) to include businesses of vital importance to national-security interests and businesses of significant importance to fundamental national functions, lowers and adds notification thresholds, and equips the King in Council with enhanced powers to block, condition, or unwind qualifying acquisitions. The reform converts a narrow security-classified regime into a broad horizontal FDI-screening architecture for Norway, the host of the world's largest sovereign wealth fund and a NATO frontline state.

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.

Law no. 164/2023, adopted by the Parliament of Romania on 31 May 2023 and published in Monitorul Oficial Partea I nr. 495 of 7 June 2023, approves and amends Emergency Government Ordinance 46/2022 implementing EU Regulation 2019/452 on screening of foreign direct investments. The law extends Romania's mandatory ex-ante FDI screening to investors established within the European Union (previously only non-EU investments were captured), sets a EUR 2 million de minimis transaction threshold for sensitive-sector deals, formally establishes the Commission for the Examination of Foreign Direct Investments (CEISD) chaired by the Prime Minister with multi-ministry composition, and empowers the Government to unwind transactions that breach the regime. Gun-jumping penalties reach up to 10 % of the investor's worldwide turnover. In force 10 June 2023.

The Foreign Investment Reliability Assessment Act (välismaise investori usaldusväärsuse hindamise seadus, VUHS), adopted by the Riigikogu on 25 January 2023 and in force from 1 September 2023, establishes Estonia's first horizontal ex-ante foreign direct-investment screening regime. The Act transposes EU Regulation 2019/452 into Estonian law and designates the Consumer Protection and Technical Regulatory Authority (Tarbijakaitse ja Tehnilise Järelevalve Amet — TTJA) as the screening authority. It covers acquisitions of qualifying holdings or material influence in target undertakings operating in defence, dual-use, vital services, energy and communications infrastructure, transport, financial services, media, critical raw materials extraction and other strategic sectors. TTJA can prohibit, condition or unwind non-compliant transactions and impose administrative non-compliance levies.