Industrial Policy & Trade Monitor· 2667 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.

Denmark's foundational cross-sector horizontal FDI screening statute. Lov nr 842 of 10 May 2021 — investeringsscreeningsloven — was adopted by the Folketing on 4 May 2021, signed on 10 May 2021, and entered into force on 1 July 2021 (with application to transactions implemented from 1 September 2021). The Act is administered by Erhvervsstyrelsen (Danish Business Authority) and combines (i) a mandatory pre-closing authorisation regime for foreign investments in "particularly sensitive sectors" — defence, dual-use products, IT-security functions/services, critical technology, critical infrastructure — triggered at 10% ownership / voting rights or equivalent control, with (ii) a voluntary notification scheme (typically engaged at 25%+) for foreign investments and special economic agreements in other sectors. Enforcement runs through blocking orders, unwinding orders, and criminal sanctions including fines and imprisonment. Structural peer of the US CFIUS regime, EU Regulation 2019/452, the German AWG §§55-62, the French Décret 2014-479 / R. 151-1 et seq., the UK NSI Act 2021, the Netherlands Wet Vifo, the Italian Golden Power Decree, and the Swedish FDI screening regime.

Czech Republic's foundational horizontal FDI screening statute. Zákon č. 34/2021 Sb., o prověřování zahraničních investic — adopted by Parliament in January 2021, published in Sbírka zákonů on 29 January 2021, and entered into force on 1 May 2021 — transposes the cooperation obligations of EU Regulation 2019/452 and creates the first cross-sector pre-clearance regime for non-EU investments into Czech firms. The Act is administered by the Ministerstvo průmyslu a obchodu (MPO) and combines (i) a mandatory ex-ante consent regime for non-EU investments acquiring ≥10% in companies producing military material, selected dual-use goods, or operating critical / critical-information infrastructure, with (ii) a discretionary ex-officio review available up to 5 years post-closing for any other "public-order or internal-security" sensitive investment. The Government decides on MPO's recommendation; remedies include conditions, prohibition, and forced divestment, with fines up to 1% of the global net turnover of the foreign investor.