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.
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.
On May 22, 2025, Greece enacted Law 5202/2025, establishing an FDI regime for investments in "sensitive" sectors, including energy, transportation, healthcare, information and communication technology ("ICT"), and digital infrastructure, as well as "particularly sensitive" sectors, including national security, defense, cybersecurity, artificial intelligence ("AI"), port and critical subsea infrastructure, and borderland tourism infrastructure. The regime became fully operational following a Joint Ministerial Decision on November 11, 2025.
Greece's FDI regime (the "Regime") targets investors acquiring or increasing stakes in businesses established or governed by Greek law in "sensitive" or "particularly sensitive" sectors.
Notifying parties include "foreign" (i.e., non-Greek) investors that are:
Although Greek (i.e., not "foreign") entities that are ultimately controlled by non-EU governments, individuals or undertakings do not appear to be covered by the Regime, the authorities apply an expansive interpretation (arguably in line with Recital 10 of Regulation (EU) 2019/452 and require such entities to file their qualifying investments.
The Regime does not generally limit its scope to any specific type of deal. It includes acquisitions of stakes and joint ventures. When calculating participation thresholds in the target entity, the Regime takes into account (a) shares and corporate interests held by an undertaking belonging to the foreign investors' group, a member of the foreign investor's family, or an organization or institution controlled by members of the foreign investor's family, as well as (b) any cooperation agreements relating to the exercise of voting rights, the conclusion of a public contract for works or services, and the conclusion of other agreements, including purchase, rental, leasing, sale, repurchase or cooperation agreements.
Passive investments are also captured, unless made by individuals. This is at odds with the current FDI regime in most EU Member States and is likely to considerably increase the number of notifications. The Regime provides narrow exemptions, namely:
The Interministerial Committee for Control of Foreign Direct Investments ("DEEAXE") may also review non-notified, in-scope deals on its own initiative, but cannot "call in" below-threshold deals, even for national security reasons.
The Regime covers any FDI in undertakings that carry out business activities, regardless of their legal forms, provided that they are incorporated under Greek law or otherwise governed by it. The Regime can also capture any FDI made in other EU Member States that may impact security or public order, pursuant to Articles 6 through 9 of Regulation (EU) 2019/452.
According to the two "interpretative directives" of the Ministry of Foreign Affairs1, all FDIs in the five "sensitive" sectors and the six "particularly sensitive" sectors are covered by the Regime. Additionally, all goods, services, assets and infrastructure involved in FDIs in these sectors are considered "essential" and are subject to review.
The Regime uses a two-tiered approach based on sector sensitivity. In "sensitive" sectors, transactions are subject to review when they result in an acquisition or accumulation of at least 25 percent, 30 percent, 40 percent, 50 percent or 75 percent of interests in the target entity, regardless of whether these interests are controlling. In "particularly sensitive" sectors, the applicable thresholds are 10 percent, 20 percent, 25 percent, 30 percent, 40 percent, 50 percent, 60 percent, 70 percent and 75 percent of interests in the target entity, also without reference to control.
The Regime sets no specific threshold for greenfield investments. For such investments, Section 5, titled "Information about the Greenfield investment" of the notification form must be completed.
The notification form and required documents are provided in the Joint Ministerial Decision.2 The review process for FDIs is managed by DEEAXE and the Ministry of Foreign Affairs. Specifically, there is the possibility of a five-day review process to confirm completeness.
The initial investigation period (Phase 1) starts upon submission of a complete notification to DEEAXE and can last up to 30 days. DEEAXE must either unanimously clear the transaction or open an in-depth investigation (Phase 2). Therefore, Phase 2 is optional and, if triggered, can last up to a further 140 days.
Within 30 days of the start of Phase 2, DEEAXE issues a recommendation to the Minister of Foreign Affairs to approve, prohibit, or impose terms or mitigating conditions on the investments. In addition, DEEAXE may request expert input for its recommendation, which suspends Phase 2 by 20 days. Phase 2 may also be extended once by an additional 30 days through a reasoned decision. Within 60 days of receiving DEEAXE's recommendation, the Minister may approve, block, reverse, or impose specifics remedies on the transaction. Failure to issue a decision within that time frame results in automatic approval. In urgent or exceptional cases, decisions may be expedited without a full review.
There is currently no filing fee for FDI notifications.
Reportable investments must be notified to DEEAXE before completion and are subject to mandatory and suspensory review. Failure to notify a reportable transaction, or notifying after completion, can result in administrative fines from €5,000 to €100,000. Additionally, DEEAXE may conduct an ex officio investigation, potentially ordering the parties to unwind the transaction and implement other mitigating measures. Closing a transaction despite a prohibitive decision can result in an administrative fine of up to two times the investment value. In addition, the Minister's decision to prohibit, reverse or impose terms or mitigating conditions (or non-compliance with such decision) results in the ipso jure invalidity of the transaction.
As of January 1, 2026, the implementing decision establishing the procedure for collecting administrative fines has not yet been adopted. According to the Ministry of Foreign Affairs, no fines will be imposed for violations occurring between the law's entry into force (May 23, 2025) and the effective date of that forthcoming decision.3
Investors should consider review timelines and seek legal advice. Notifications must be submitted to the General Protocol of the Ministry of Foreign Affairs either in person or by registered post. The notification file must include both paper and digital (USB) versions. The process involves extensive documentation, and documents issued abroad may need to be translated, apostilled and certified. Our practice suggests that the filing can be considerably streamlined when submitted by a legal entity established in Greece.
During public consultation in view of the Regime's adoption, stakeholders highlighted the need for clarity on key concepts such as direct vs. indirect investments, asset deals, treatment of capital increases, efficient appeal procedures and transitional provisions for ongoing investments. These issues can be addressed by implementing decisions, ministerial directives, or DEEAXE's decisional practice.
Greece's FDI framework is expected to be influenced by upcoming EU FDI regulation reforms, which seek to introduce mandatory national screenings, further harmonization, enhanced cooperation among EU Member States and greater transparency of FDI rules.
1 Ministry of Foreign Affairs, FDI Screening Mechanism, Law 5202/23.5.2025 – Government Gazette n.84, 23 May 2025, available here.
2 Joint Ministerial Decision, n. 64260/11.11.2025 – Government Gazette n.6009, 11 November 2025, available here.
3 Ministry of Foreign Affairs, FDI Screening Mechanism, Section 6 titled "Announcements", available here.
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