Industrial Policy & Trade Monitor· 2667 actions· ✨ 89 recent

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.

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%.

On 24 March 2021, Canada's Minister of Innovation, Science and Industry (François-Philippe Champagne) issued updated guidelines on the National Security Review of Investments under the Investment Canada Act. The revised guidelines (superseding 2016 guidance) identify four areas of heightened national-security concern in foreign direct investment review: sensitive personal data, sensitive technology, critical minerals, and investments by state-owned or state-influenced investors. The critical- minerals designation references the 31-mineral Critical Minerals List Canada had announced two weeks earlier (11 March 2021).

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.