Our thinking

Foreign direct investment reviews 2026: A global perspective

What's inside

As regulatory scrutiny intensifies and geopolitical tensions reshape cross-border investment, understanding the evolving global foreign direct investment landscape has become increasingly important.

Introduction

Now in its second decade of publication, White & Case's 2026 Foreign Direct Investment Reviews continue to provide a comprehensive overview of foreign direct investment ("FDI") laws and regulations across jurisdictions worldwide.

In this edition, we offer key datapoints to help inform parties and their advisors as they evaluate the evolving challenges presented by FDI screening requirements in cross-border transactions spanning multiple countries. National security-based FDI regimes continue to proliferate globally, with many jurisdictions adopting broader definitions of investments and the sectors subject to review continuing to expand.

FDI screening regimes are entering a more mature phase, and regulators are developing a more sophisticated approach to detecting and reviewing foreign investments. It is therefore critical to consider applicable FDI requirements as transactions, whether mergers and acquisitions, joint venture agreements, public equity offerings or financial restructurings, are negotiated. A clear understanding of potential challenges, the remedies that may be required for approval and the appropriate allocation of FDI risk can help avoid unwelcome surprises related to timing, deal certainty and the execution of business plans.

With a renewed US commitment to open foreign investment from allied countries, ongoing EU cooperation on FDI screening and evolving geopolitical dynamics, FDI screening will increasingly influence the selection of investors in cross-border transactions. New initiatives by the European Commission may also result in increased coordination among FDI authorities in EU Member States, all of which have adopted their own national FDI regimes by 2026.

We continue to believe that most cross-border transactions will be successfully completed in 2026, but understanding the regulatory and institutional parameters, as well as the evolving risks associated with FDI screening, will be critical to maintaining deal certainty and timing.

Americas

Canada

The Canadian government continues to scrutinize foreign investments by state-owned enterprises and state-linked private investors, especially if from "non-like-minded" countries.

canada fdi 2022

Mexico

Foreign direct investment ("FDI"), whether undertaken directly or indirectly, is generally allowed without restrictions and without the need to obtain prior authorization from an administrative agency.

mexico fdi 2022

United States

The landscape of foreign direct investment ("FDI") in the United States continues to evolve under the Trump administration. With expanded jurisdiction and authorities, mandatory filings applying in certain cases, an enhanced focus on a broad array of national security considerations, further attention and resources dedicated to monitoring, compliance and enforcement, and a substantially increased pursuit of non-notified transactions, the FDI apparatus in the United States is more empowered now than perhaps at any time in its history.

United States

EMEA

European Union

The European Union continues to be a driver of foreign direct investment ("FDI") screening, with coordinated and mandatory enforcement now on the horizon.

european union fdi 2022

Austria

The wide scope, low trigger thresholds and broad interpretation of the Austrian Foreign Direct Investment ("FDI") regime require a thorough assessment and proactive planning throughout the mergers and acquisitions ("M&A") process.

austria fdi 2022

Belgium

The Belgian foreign direct investment ("FDI") screening regime entered into force in July 2023. Investors and authorities alike are still coming to grips with the regime and the limited guidance available to help parties navigate it.

Belgium

Bulgaria

On July 22, 2025, the Bulgarian Foreign Direct Investment (FDI) screening mechanism entered into effect. According to information provided by the screening authority (the "Screening Council"), during its first two months of operation (September and October 2025), the Screening Council approved 10 screening applications out of 11 filed during that period. The investment in all of the above instances originated from so-called "low-risk" countries, and the applications were cleared within a short time frame. As of January 1, 2026, the Screening Council does not yet have an online register, and at present there is no information about the number of filed or pending applications. There is also no information indicating that any FDI has been prohibited or approved subject to conditions.

Bulgaria

Croatia

Croatia introduced a foreign direct investment ("FDI") screening regime on November 13, 2025. As of January 1, 2026, the regime is not yet operational but expected to be implemented soon.

Croatia

Republic of Cyprus

The Republic of Cyprus' ("RoC") new Foreign Direct Investment Screening Law (the "FDIS Law") will reshape the investment landscape from April 2, 2026, introducing look-back provisions, a screening remit, internal change trigger points, and relatively low notification thresholds.

Cyprus

Czech Republic

The Czech Foreign Investments Screening Act took effect in May 2021, establishing the rights and duties of foreign investors and setting screening requirements for Czech targets.

czech republic fdi 2022

Denmark

The scope of the Danish foreign direct investment ("FDI") regime is comprehensive and requires a careful assessment of investments and agreements involving Danish companies.

Denmark

Estonia

The relevance of Estonia's foreign direct investment ("FDI") screening mechanism has remained modest since its inception at the end of 2023 but is expected to grow in light of the geopolitical situation, on account of increased activity in the defense sector.

estonia fdi 2022

Finland

Foreign direct investment ("FDI") deals are generally not blocked in Finland, but the government is able to monitor and, if necessary, restrict foreign investment.

10_finland_square_800x800_0.jpg

France

French foreign direct investment ("FDI") screening continues to focus on foreign investments involving medical and biotech activities, food security activities or the treatment, storage and transmission of sensitive data. The nuclear ecosystem is subject to very close scrutiny. Around half of the transactions reviewed every year are subject to conditions or remedies, which is an important French specificity. Recent trends also show a growing number of transactions being reviewed, suggesting a shift toward increased scrutiny of foreign investments in France.

france fdi 2022

Germany

Following numerous amendments over the past years, Germany's foreign direct investment ("FDI") review continued in full swing, with further significant updates expected in the coming years.

Germany

Greece

Greece's mandatory and suspensory foreign direct investment ("FDI") screening regime became fully operational on November 11, 2025. Foreign investors must comply with notification requirements and consider review timelines in deal planning.

Greece

Hungary

Hungary's foreign direct investment ("FDI") regimes faced temporary headwinds in 2025, but no lasting regulatory changes ultimately took hold.

hungary fdi 2022

Ireland

Ireland's Screening of Third Country Transactions Act entered into force on January 6, 2025.

Ireland

Italy

Italy's "Golden Power Law" review: Over a decade old, yet continuously expanding its reach.

Italy

Latvia

The Latvian foreign direct investment ("FDI") regime applies to companies of significance to national security, as well as companies owning or possessing critical infrastructure. While the law does not provide a general notification obligation, specific rules establish sectoral FDI regimes for certain corporate mergers and acquisitions ("M&A"), real estate transactions, and gambling companies.

Latvia

Lithuania

All investments concerning national security are within the scope of review in Lithuania.

Lithuania

Luxembourg

Two years after its entry into force, the Luxembourg foreign direct investment ("FDI") screening regime has reached a solid level of maturity, and its requirements are now well understood by market stakeholders. The year 2025 proved to be particularly active and dynamic for M&A transactions in Luxembourg, notably involving targets in the financial sector, with multiple FDI filings submitted.

Luxembourg

Malta

Malta's foreign direct investment ("FDI") regime regulates specific transactions that must be notified to the authorities and may, in some instances, be subject to screening.

Malta

Middle East

The Middle East continues to welcome foreign investment, subject to licensing approvals and ownership thresholds for certain business sectors or in certain geographical zones.

Middle East

Netherlands

The Netherlands is set to expand its investment screening regime by extending the general mechanism to more sectors and by introducing additional sector-specific regulations.

Netherlands

Norway

Norway's foreign direct investment ("FDI") screening regime is anchored in the Norwegian Security Act (the "Security Act" or the "Act"), which imposes mandatory filing requirements for transactions involving companies designated as security sensitive. The Act also confers wide discretionary authority on Norwegian authorities to review and intervene in transactions involving non-designated companies where national security interests may be at risk.

Norway

Poland

In 2025, Poland's foreign direct investment ("FDI") regime was made permanent, and responsibility for its enforcement was transferred to the Ministry of Finance and Economy.

Poland

Portugal

In Portugal, transactions involving the acquisition of control over strategic assets by entities residing outside the European Union or the European Economic Area ("EEA") may be subject to foreign direct investment ("FDI") screening.

Portugal

Romania

While far-reaching in its scope, compared with other countries in the European Union, the Romanian foreign direct investment ("FDI") regime is generally perceived as investor-friendly.

Romania

Russian Federation

The year 2025 was not marked by any major changes in the sphere of regulation of foreign investments in Russia, and the regulator continues to implement the course on strengthening control taken earlier.

Russian Federation

Slovakia

The year 2025 continued with the implementation of the course set earlier in 2023 and 2024, with few substantial updates to cybersecurity legislation extending FDI regulation to new fields of business critical for the Slovak Republic.

Slovakia

Spain

Since 2020, certain foreign direct investments ("FDI") have been subject to scrutiny in Spain. Additional formalities have since been introduced through developing FDI regulations that entered into force on September 1, 2023. As a result, FDI analysis is becoming increasingly important in the context of investments in Spain.

Spain

Sweden

Entering its third year, Sweden's foreign direct investment ("FDI") Act remains a key consideration in a significant share of transactions involving Swedish companies.

Sweden

Switzerland

Switzerland is set to introduce its first cross-sector foreign direct investment ("FDI") screening regime. On December 19, 2025, the Swiss Parliament approved the new FDI Act, Investitionsprüfgesetz, establishing a review mechanism focused on foreign state-controlled investors and security-sensitive sectors. The regime is expected to take effect in 2027 at the earliest.

Switzerland

Türkiye

Sustaining economic stability and building on the strong foreign direct investment ("FDI") momentum of 2025, Türkiye continues to prioritize policies that strengthen its position as an attractive and competitive investment hub.

Turkiye

Ukraine

During September and October 2025, the Ukrainian Parliament introduced an updated foreign investment screening framework, marking a significant step toward strengthening national security controls over inbound investments.

Ukraine

United Arab Emirates

Foreign direct investment ("FDI") is permissible in the United Arab Emirates, subject to applicable licensing and ownership conditions.

UAE

United Kingdom

Foreign direct investment ("FDI") in the United Kingdom is covered by the National Security and Investment Act ("NSIA") 2021 (which equally applies to UK purchasers), and in 2025 the government continued to update information and guidelines concerning the legislation.

United Kingdom

Asia-Pacific

Australia

Australia's foreign direct investment ("FDI") regime underwent significant changes in 2025, including measures to streamline the process for assessing investment applications. Australia's new mandatory merger clearance regime also commenced January 1, 2026.

Australia

China

China continues to optimize its foreign investment environment by reducing investment restrictions, improving market access, and lowering investment thresholds for listed companies.

China

India

The Indian government has liberalized foreign direct investment ("FDI") rules in certain sectors, such as the space sector, in recent years and is laying the groundwork for 100 percent foreign investment in the insurance sector, while maintaining existing restrictions on investments from sensitive jurisdictions. This reflects the government's approach toward foreign investment: welcoming foreign capital where it aligns with India's strategic goals, while continuing to protect core interests.

India

Japan

The Japanese government is expanding the business sectors subject to Japan's foreign direct investment ("FDI") regime, which covers not only investment but also voting and other actions, to secure stable supply chains and mitigate the risk of technology leakage and diversion of commercial technologies into military use.

Japan

Republic of Korea

The Republic of Korea ("Korea") is entering a more security-focused era of foreign direct investment ("FDI") regulation, with proposed amendments to the Foreign Investment Promotion Act ("FIPA") and longer screening processes requiring foreign investors to adopt proactive regulatory planning and heightened compliance.

Korea

New Zealand

Significant changes to the New Zealand overseas investment regime were passed into law in December 2025 and came into force on 6 March 2026. A number of these changes have made it considerably simpler and faster for overseas investors to acquire certain classes of New Zealand assets.

New Zealand

Taiwan

Taiwan continues to promote foreign direct investment ("FDI") under a two-track screening mechanism for foreign investors and People's Republic of China ("PRC") investors.

Taiwan
Czech Republic

Foreign direct investment reviews 2026: Czech Republic

The Czech Foreign Investments Screening Act took effect in May 2021, establishing the rights and duties of foreign investors and setting screening requirements for Czech targets.

Insight
|
8 min read

Introduction

The Foreign Investments Screening Act was passed by the Czech parliament on February 3, 2021, and took full effect on May 1, 2021. It established rights and duties for foreign investors whose ultimate beneficial owner is from non-EU countries. It also set screening requirements in relation to certain target persons or owners of target objects in the Czech Republic that pose important security or public order concerns for the Czech Republic. The relevant entrusted authority remains the Czech Ministry of Industry and Trade.

Summary of major changes in 2025

  • With effect from November 1, 2025, the Czech Foreign Investments Screening Act was amended in connection with the adoption of the new Czech Cybersecurity Act. Mandatory screening by the Ministry is newly required for investments related to so-called providers of a regulated service under the regime of higher obligations, as defined in the Cybersecurity Act and the related new Decree on Regulated Services. The Cybersecurity Act contains a 60-day deadline within which entities that meet the relevant conditions, based on self-assessment, must register as providers of a regulated service under the regime of higher obligations with the National Cyber and Information Security Agency (NÚKIB). Key factors for this self-assessment include (i) the sector(s) in which the service is provided (for example, health care, defense, and energy) and (ii) the size of the provider based on the number of employees and financial indicators (annual turnover or balance sheet total). The Ministry expects that more investments will require mandatory screening as a result of this change in the law.
  • On December 3, 2025, the ministry launched a portal called EFDIS for the electronic submission of requests for approval of foreign investments and consultation proposals. The aim of the portal is to streamline the screening process, reduce the administrative burden on foreign investors and target companies, and allow them to communicate with the ministry purely electronically through standardized forms.
  • On March 19, 2025, the Government of the Czech Republic issued a resolution under a classified regime instructing the Ministry to prohibit the Chinese investor Emposat from continuing with its planned investment. The investment was a greenfield project involving the construction and operation of satellite service facilities. The prohibition was issued because, according to the Government, the investment could pose a threat to national security or public order. This marks the first prohibition of a foreign investment in the Czech Republic.
  • The fourth Annual Report on Foreign Investment Screening in the Czech Republic was published in December 2025, covering January 2024 through December 2024.
  • The report does not share detailed information on specific cases but states that 24 domestic cases were investigated during the review period, of which 18 domestic cases were newly initiated in 2024, and 20 domestic cases were closed. In total, 14 cases went through a full screening procedure, with the remainder addressed through voluntary consultations. There were no cases in 2024 that resulted in a prohibition or the imposition of conditions. The Ministry rejected one case (on the basis that the statutory criteria were not met), and in another case found that the grounds for the proceedings had ceased to exist.
  • The ministry received six to 10 notifications of FDIs from EU Member State partners through the EU cooperation mechanism in 2024. Consultations are not covered by the cooperation mechanism.
  • The most frequent foreign investors in the Czech Republic in 2024 came from the US and the United Kingdom, while the ultimate beneficiary behind the foreign investment in the Czech Republic was most often based in the US and Canada, China, the United Kingdom, and Russia.
  • Compared with 2023, there was a decrease in the number of voluntary consultations, from 20 to 12, and in the number of cases, from 28 to 24.

Who files?

In general, the FDI investor should be the applicant. A request for approval of an FDI or a consultation proposal must be submitted in a form specified by Government Decree No. 178/2021 Coll., signed by a statutory representative of the applicant. Together with the application for approval of an FDI, the applicant must submit a questionnaire containing additional information about the foreign investment.

Under administrative procedure legislation, the applicant may be represented in the investment screening proceeding by a proxy with a power of attorney. The power of attorney must be signed by the applicant, but the signature does not need to be officially certified.

Types of deals reviewed

Details on the substance of the deals reviewed have not been disclosed. However, based on publicly available information, cases reviewed since January 2022 included 41 consultations, five of which proceeded to a full screening procedure. A total of 23 cases were reviewed under the screening regime only.

In 14 cases, the process was initiated through a filing by the investor as required by law; in five cases, the screening procedure was initiated following a consultation; and in nine cases, the Ministry initiated the screening procedure on its own initiative.

The deals reviewed by the Ministry in 2024 were sectorally diverse. Nine cases concerned information and communication technology, and eight concerned manufacturing. Two cases concerned the energy sector, two related to transportation, and two related to the environment. One case related to the media, marking the first time the Ministry addressed this type of case since the screening mechanism became operative.

Scope of the review

Foreign investment in the following targets requires prior approval from the Ministry: a target person that performs manufacturing, research, development, innovation, or organization of the life cycle of military material, or a target object through which such activity is performed; a target person that is a provider of an essential service whose critical infrastructure is located in the Czech Republic and included on the list of critical infrastructure entities; a target person that is a provider of a regulated service under the regime of higher obligations registered with NÚKIB; or a target person that develops or manufactures dual-use goods, or a target object through which such goods are developed or manufactured.

Even if an FDI does not require prior approval, the Czech Government may initiate a retrospective review if it determines that the FDI may endanger the security or internal or public order of the Czech Republic. Such investments may be screened retrospectively for up to five years from the date of the investment. In assessing whether an FDI endangers security or public order, the Ministry typically considers its potential impact on a range of areas.

These include infrastructure such as energy, transportation, water management, and medical infrastructure; data processing and storage infrastructure; aviation and space infrastructure; defense and other infrastructure important to the national security or public order; and access to land and property essential to the use of such infrastructure.

The Ministry also considers impacts on access to critical technologies and dual-use goods, including artificial intelligence (AI), robotics, semiconductors, and cybersecurity technologies; aviation and rocket technologies; defense technologies; chemical technologies; energy storage technologies; quantum and nuclear technologies; as well as nanotechnologies and biotechnologies.

Additional considerations include access to supplies related to energy, raw material, or food security; access to or control over information important to national security or public order, including personal data; the potential for significant influence over public opinion through media dissemination; critical information infrastructure, important information systems, and essential services; nonmilitary objects important for state security; and other technologies whose malicious use could pose a threat to the Czech Republic or its internal or public order.

Where a foreign investor intends to carry out an FDI that does not require prior approval, the investor may request a consultation with the Ministry to determine whether the investment could be considered a threat to security or public order. The consultation is voluntary except for FDIs directed at a target that owns a nationwide radio or television broadcast license or is a publisher of a periodical with an overall minimum average circulation of 100,000 copies per day in the previous calendar year.

Review process timeline

The screening of an FDI not found to pose a risk takes 90 days. Screening of an FDI identified as risk-prone, including time required for discussion by the Government of the Czech Republic, takes 135 days.

These periods may be extended by 30 days in complex cases. In certain circumstances, such as when the foreign investor must negotiate conditions with the Ministry, the timelines may be suspended.

If an investor submits a request for consultation, the Ministry must respond within 45 days.

How foreign investors can protect themselves

Potential investors are encouraged to confirm whether they fall within the definition of a foreign investor or whether the contemplated activity constitutes an FDI requiring prior review under the Act before finalizing transaction documents.

If an investor is uncertain whether an FDI could raise security or public policy concerns, the investor may consider submitting a request for consultation to expedite any potential FDI application process.

Looking ahead: Likely developments in the next year

The Ministry reported that four cases remained open as of December 31, 2024. A fifth annual report is expected in the coming year and will provide additional information and statistics on FDIs in the Czech Republic.

The amendment to the Foreign Investments Screening Act adopted in connection with the new Czech Cybersecurity Act is expected to significantly increase the number of transactions subject to mandatory screening. Registration deadlines for regulated providers under the new legislation will expire at the end of 2025 or in the first quarter of 2026, depending on the service. Following these registrations, the mandatory regime is expected to apply to a large number of additional operators.

In light of the upcoming revision of the EU regulation under which the Czech FDI law operates, on which the Council and the European Parliament reached a provisional political agreement on December 11, 2025, the Ministry is actively participating in discussions regarding the revision. The new rules will take effect 18 months after the revised regulation enters into force, after which amendments to the Czech Foreign Investments Screening Act will be required. The Ministry will cooperate with experts from the Organisation for Economic Co-operation and Development (OECD) to evaluate the current functioning of the screening mechanism and identify areas for improvement, including from the perspective of investors and entrepreneurs. The Ministry has invited feedback from interested parties at fdi-screening@mpo.gov.cz.

White & Case means the international legal practice comprising White & Case LLP, a New York State registered limited liability partnership, White & Case LLP, a limited liability partnership incorporated under English law and all other affiliated partnerships, companies and entities.

This article is prepared for the general information of interested persons. It is not, and does not attempt to be, comprehensive in nature. Due to the general nature of its content, it should not be regarded as legal advice.

© 2026 White & Case LLP

Top