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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
Lithuania

Foreign direct investment reviews 2026: Lithuania

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

Insight
|
6 min read

Robertas Čiočys, Aušra Abraitytė-Gedminė and Justinas Celencevičius (Ellex Legal) authored this publication

Introduction

Under the Law on the Protection of Objects of Importance to Ensuring National Security of the Republic of Lithuania (the "Law"), only specific foreign direct investments ("FDI") into entities, infrastructure or sectors deemed of importance to national security are subject to the FDI screening process.

Supervision of FDI review is assigned to the Commission for the Coordination of Protection of Objects of Importance to Ensuring National Security (the "Commission"), formed by the Government of Lithuania.

Summary of major changes in 2025

There were no major changes in 2025.

Who files?

A natural person or legal entity seeking to invest in an entity, infrastructure or sector deemed of importance to national security must disclose and obtain clearance to proceed with the investment. FDI regulation applies equally to both foreign and national investors if their investment falls within the scope of review.

However, a distinction is made depending on whether the investor is from a European Union, North Atlantic Treaty Organization ("NATO"), European Free Trade Association ("EFTA") or Organisation for Economic Co-operation and Development ("OECD") country or from other countries.

For investors from EU, NATO, EFTA or OECD countries, the screening process is typically less burdensome, as they are presumed to align with national security interests. In contrast, investors from other countries undergo a more rigorous screening process, and certain types of FDI from these countries may be prohibited by law.

Types of deals reviewed

In Lithuania, the FDI screening procedure applies to several sectors regarded as pillars of national security.

Screening is required for investment into specific companies explicitly recognized as strategically important to Lithuania's national security due to their intended purpose or the nature of their activities. Such companies are listed in the Law and fall into one of three categories: enterprises solely controlled by the state; enterprises with at least two-thirds of shares owned by the state; and entities that are not owned by the state.

Additionally, investments into assets or areas critical to national security, such as airports, railways, secured national data transmission networks and LNG terminals, require screening. Land and territory of national importance are also included in the review.

Screening applies to five economic sectors critical to national security: energy; transport; information technology (including telecommunications and high tech); finance and credit; and military equipment. The government identifies specific activities within these sectors. In total, 54 activities are listed, requiring individual assessment on a case-by-case basis.

Scope of the review

The objective of the review is to ensure the investor complies with, and does not negatively impact, Lithuania's national security interests.

The Commission evaluates the investor's identity and ownership structure, including ultimate owners, whether natural persons or legal entities. The source of funds for the investment is also scrutinized. The scope of the review and the required information depend on the nature of the investment, with stricter reviews for enterprises deemed important to national security and lighter reviews for economic sectors.

Findings about the investor are gathered from the State Security Department, Ministry of Foreign Affairs, Ministry of the Interior, the Police Department and the General Prosecutor's Office. Other institutions may also be involved at the Commission's discretion.

Review process timeline

The review process takes approximately 10 to 40 working days from the day the Commission receives the FDI notice and required information.

In certain cases, the review process involves an initial stage during which it is established whether screening should be carried out. This stage takes approximately 10 working days.

If, during this initial stage, institutions counter with information suggesting that screening must be carried out, the investor must provide the requested information and documents within 10 business days of receipt of the request. Upon provision of this information and documents, the screening procedures will be initiated. If institutions do not counter with the required information, screening procedures should not be initiated. Usually, written confirmation that screening procedures will not be carried out is issued.

Upon the start of screening procedures, institutions must provide their findings within 15 working days, extendable by up to five additional working days. If no findings are provided, the investor is presumed not to conflict with national security.

The Commission has 20 working days from the start of the screening process, extendable by up to three additional working days, to conclude whether the investment aligns with national security interests. In case of a negative conclusion, the government must adopt a final decision within 15 working days from the adoption of the negative Commission conclusion. If no decision is made, the investor is presumed to align with national security interests.

How foreign investors can protect themselves

Investors should carefully assess whether their intended FDI falls under the screening requirements, particularly when investing in one of the five economic sectors critical to national security. When in doubt, it is prudent to initiate the FDI screening process.

FDI filing and screening should be completed before the closing of the transaction, usually as a condition precedent in transaction documents. If post-investment screening is initiated and the investor fails to meet national security requirements, the Commission has the authority to declare the transaction null and void.

In case of the acquisition of shares or voting rights in an enterprise important for ensuring national security in violation of the Law, the investor shall not have the right to participate and vote in the general meeting of shareholders nor exercise other nonproperty rights. A change of ultimate owners and similar changes may also trigger screening procedures.

Proactively engaging with relevant Lithuanian authorities early in the investment planning phase is important to clarify any uncertainties regarding the applicability of FDI screening requirements. Foreign investors should also perform a comprehensive due diligence review of the targeted entity or assets. This should include an evaluation of their inclusion in national security-related activities, as well as an understanding of their role within the economic sectors critical to national security.

Looking ahead: Likely developments in the next year

Lithuania may soon broaden the scope of its FDI screening regime. A registered amendment to the Law proposes classifying agriculture and food as a sector of strategic importance, bringing it within the framework of national security review.

Although the amendment is still in its early legislative stages, its direction signals a growing emphasis on safeguarding supply chains and critical resources, an approach seen in several other jurisdictions. The proposal has no immediate legal effect, but if adopted, it would subject a wider range of transactions, particularly in the agri-food sector, to prior screening and clearance.

For investors, this potential shift underscores the importance of monitoring regulatory developments and factoring national security considerations into early-stage investment planning.

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

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