Schalast | Investment control

Foreign trade law also includes so-called investment control (also known as foreign direct investment, or FDI for short). This is particularly relevant for transactions and is therefore the “younger sister”, so to speak, of classic merger control. It involves the control of foreign direct investments. These investments can trigger reporting requirements with the respective national authorities. This applies both to the acquisition of a company based in Europe and to non-EU acquirers.

Are you wondering whether you are subject to the investment control regulations? What reporting requirements apply to you? How to contact foreign authorities? Needless to say, we will not leave you alone. Due to our expertise, we are well connected with numerous law firms in Europe and abroad and work closely with highly qualified lawyers within the framework of our Multilaw network to navigate you safely through the jungle of possible FDI reporting requirements. We help you avoid costly reversals and, of course, heavy sanctions in the form of fines. In addition, we take care of the preparation and execution of so-called clearance certificates and the release by the Federal Ministry for Economic Affairs in Germany when it comes to an FDI notification in Germany.

In increasingly protectionist times, we also advise on questions of (slowly emerging) outbound investment control, i.e. when countries subject investments from their own country abroad to controls, as is the case in the USA with the Executive Order on Addressing United States Investments In Certain National Security Technologies and Products In Countries Of Concern. In this case, “countries of concern” could actually be used in the singular, because it only refers to one country: China.