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Foreign direct investment reviews 2026: A global perspective

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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
Luxembourg

Foreign direct investment reviews 2026: 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.

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Introduction

The current Luxembourg national screening mechanism was introduced through a law dated July 14, 2023, applying to FDIs that may affect security or public order and implementing the EU Regulation on FDI Screening. The FDI Law entered into force on September 1, 2023. This marked the first time that a national screening mechanism for FDI was established in Luxembourg.

Summary of major changes in 2025

Following the entry into force of the FDI Law during the third quarter of 2023, the first notification filings were submitted, resulting in the first review processes with the Luxembourg Ministry of Economy, the competent authority for reviewing FDI filings. With 2025 proving to be a dynamic year for mergers and acquisitions in the Luxembourg market, multiple FDI filings were submitted to the Luxembourg Ministry of Economy. A notable trend is that an increasing number of market participants are submitting filings on a precautionary basis, mindful of the broad interpretations that may arise from the current definitions of critical activities under the FDI Law.

Who files?

Foreign investors are required to notify the Luxembourg Ministry of Economy prior to making an FDI in Luxembourg.

A foreign investor is defined as an individual or a legal entity who is not a national of either an EU Member State or a state party to the Agreement on the European Economic Area ("EEA").

Types of deals reviewed

The screening mechanism applies to FDIs made by foreign investors.

An FDI is an investment of any kind made by a foreign investor that aims to create or maintain long-term and direct relationships between the foreign investor and the Luxembourg target entity, thereby allowing the foreign investor to effectively participate, alone, in concert or through interposition, in the control of the entity carrying out a critical activity in Luxembourg.

The notification requirement applies to FDIs, other than portfolio investments, that are likely to be detrimental to security or public order in an entity incorporated under Luxembourg law and carrying out critical activities in Luxembourg.

The following activities are deemed critical: dual-use goods, energy, transport, water, healthcare, telecommunications, data processing and storage, aerospace, defense, finance, media and agrifood.

Research and production activities directly connected to the above, ancillary activities that may grant access to sensitive information directly connected to the above, and access to places where the activities listed above are carried out are also deemed critical.

The FDI Law does not provide for a minimum investment threshold, meaning that all investments, irrespective of size, may be subject to screening. The law also does not provide for exemptions in the case of intragroup reorganization.

Scope of the review

The foreign investor must notify the ministry of the ownership structure of the foreign investor, the approximate value of the FDI, the operations of the foreign investor and the Luxembourg entity, the countries in which both conduct business, the financing of the FDI and its source, and the date on which the FDI is planned or has been made.

The ministry will then decide whether a screening is required. The decision to proceed with a screening is notified to the foreign investor within two months.

If the ministry decides to proceed with a screening, it will consider the integrity, security and continuity of supply of critical infrastructure, whether physical or virtual, linked to a critical activity; the sustainability of activities related to critical technologies and dual-use goods; the supply of essential inputs, including raw materials and food safety; access to sensitive information, including personal data, or the ability to control such information; and freedom and pluralism of the media.

The ministry may also take into account whether the foreign investor is directly or indirectly controlled by the government of a third country; whether the foreign investor has already been involved in activities that undermine security or public order in a Member State; and whether there is a serious risk that the foreign investor is engaged in illegal or criminal activities.

In addition to the FDI Law, the Luxembourg Ministry of Economy has published a set of frequently asked questions providing practical clarifications for the market. Key highlights include the following:

  • It is confirmed that notification is not suspensive. While preparatory steps may proceed pending the Ministry of Economy's decision, closing cannot occur before the decision is issued.
  • Notification is required only if the target entity is established in Luxembourg, even if it operates abroad.
  • Financial and insurance activities are not generally deemed critical. Only central bank functions, as well as financial market infrastructure and related systems, fall within the scope of critical activities.

Review process timeline

As a matter of principle, the review process must not exceed two months from submission. If a screening is initiated, the process must not exceed 60 calendar days. The ministry may request additional information during the screening procedure, and the review period will be suspended until that information is provided.

Following the screening process, the ministry will notify its decision to the foreign investor. If the FDI is authorized, the authorization may be subject to conditions set by the ministry.

Ministry decisions regarding FDIs may be appealed to the Administrative Court. The appeal must be lodged within one month of notification of the decision, after which it will be time-barred.

How foreign investors can protect themselves

Foreign investors must carefully assess in advance whether the FDI is likely to be subject to the Luxembourg screening mechanism. At an early stage of the contemplated transaction, it is critical to adjust transaction documentation and timing for completion accordingly and to be assisted by local counsel in the notification process with the Luxembourg Ministry of Economy.

Investors may also seek to restructure their investments so that they qualify for the portfolio investment exemption. Under the FDI Law, a portfolio investment is an acquisition of securities made with the intention of completing a financial investment that does not enable the foreign investor to exercise, directly or indirectly, control of the entity governed by Luxembourg law. Investing in an investment fund managed by an asset manager alongside other investors should therefore exempt investors from the requirements of the FDI Law.

Alternatively, a foreign investor may seek to ensure that it does not control the relevant entity, as control is one of the triggers for FDI notification.

Looking ahead: Likely developments in the next year

As the Ministry of Economy's supervisory practice continues to evolve, the coming years are expected to bring further clarity on the scope of critical activities under the FDI Law. The frequently asked questions issued by the ministry help refine this scope, most notably by confirming that the majority of financial and insurance activities fall outside the regime, thereby narrowing the interpretation of the law. Nonetheless, given the streamlined notification process and limited administrative requirements, foreign investors often choose, as a precaution, to submit an FDI filing even when there are arguments that the transaction does not involve critical activities.

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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