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.
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.
The Canadian government continues to scrutinize foreign investments by state-owned enterprises and state-linked private investors, especially if from "non-like-minded" countries.
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.
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.
The European Union continues to be a driver of foreign direct investment ("FDI") screening, with coordinated and mandatory enforcement now on the horizon.
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.
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.
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.
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.
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.
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.
The scope of the Danish foreign direct investment ("FDI") regime is comprehensive and requires a careful assessment of investments and agreements involving Danish companies.
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.
Foreign direct investment ("FDI") deals are generally not blocked in Finland, but the government is able to monitor and, if necessary, restrict foreign investment.
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.
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.
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.
Hungary's foreign direct investment ("FDI") regimes faced temporary headwinds in 2025, but no lasting regulatory changes ultimately took hold.
Ireland's Screening of Third Country Transactions Act entered into force on January 6, 2025.
Italy's "Golden Power Law" review: Over a decade old, yet continuously expanding its reach.
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.
All investments concerning national security are within the scope of review in Lithuania.
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.
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.
The Middle East continues to welcome foreign investment, subject to licensing approvals and ownership thresholds for certain business sectors or in certain geographical zones.
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.
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.
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.
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.
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.
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.
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.
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.
Entering its third year, Sweden's foreign direct investment ("FDI") Act remains a key consideration in a significant share of transactions involving Swedish companies.
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.
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.
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.
Foreign direct investment ("FDI") is permissible in the United Arab Emirates, subject to applicable licensing and ownership conditions.
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.
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.
China continues to optimize its foreign investment environment by reducing investment restrictions, improving market access, and lowering investment thresholds for listed companies.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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