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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
Mexico

Foreign direct investment reviews 2026: 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.

Insight
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6 min read

Introduction

The Foreign Investment Act and its regulations, jointly referred to as the Foreign Investment Act ("FIA"), constitute the main statutory framework governing FDI. In certain instances, sector-specific statutory frameworks, such as the Credit Institutions Act, or relevant permits, authorizations or concessions may complement or supersede the provisions of the FIA.

Summary of major changes in 2025

No major changes occurred in 2025.

Please also refer to the Potential Policy Developments section below.

Relevant authorities

The National Foreign Investment Commission, Comisión Nacional de Inversiones Extranjeras ("CNIE"), is the authority responsible for enforcing the FIA.

CNIE is an intergovernmental body organized under Mexico's Ministry of Economy and composed of representatives of the following federal ministries:

  • Ministry of the Interior (Secretaría de Gobernación)
  • Ministry of Foreign Affairs (Secretaría de Relaciones Exteriores)
  • Ministry of Finance and Public Credit (Secretaría de Hacienda y Crédito Público)
  • Ministry of Welfare (Secretaría de Bienestar)
  • Ministry of Environment and Natural Resources (Secretaría de Medio Ambiente y Recursos Naturales)
  • Ministry of Energy (Secretaría de Energía)
  • Ministry of Economy (Secretaría de Economía)
  • Ministry of Infrastructure, Communications and Transportation (Secretaría de Infraestructura, Comunicaciones y Transportes)
  • Ministry of Labor and Social Welfare (Secretaría del Trabajo y Previsión Social)
  • Ministry of Tourism (Secretaría de Turismo)

CNIE is chaired by a representative of the Secretary of Economy, and its operations are conducted through a technical secretary and a committee of representatives.

Who files?

Under the FIA, FDI is generally permitted without prior authorization from CNIE, except with respect to legal entities that are:

  • Engaged in the activities described in Article 6 of the FIA, referred to as restricted investments; or
  • Engaged in the activities described in Articles 7 and 8 of the FIA, or holding assets valued in excess of the monetary threshold set forth in Article 9 of the FIA, in an amount exceeding the applicable cap, referred to as capped foreign investments.

The scope of restricted and capped foreign investments is set out below.

Applications for prior authorization are generally submitted by the investor to CNIE.

Types of deals reviewed

Restricted investments

Restricted investments entail the acquisition of an equity stake, in any amount, in Mexican companies engaged in land passenger and freight transport services within Mexican territory or in development banking.

Pursuant to the FIA, investments in such ventures are limited exclusively to Mexican nationals. Foreign investors are statutorily precluded from undertaking a restricted investment.

Capped foreign investments

Foreign investors may not acquire more than a 10 percent capital stake in a Mexican cooperative production company, which is a special low-revenue entity dedicated to a specific primary activity, such as fishing, artisanal products or agricultural production, and subject to a preferential tax regime.

Foreign investors may not acquire more than 49 percent of the capital stock of Mexican legal entities engaged in the following reserved activities:

  • Manufacture and marketing of explosives, firearms, cartridges, ammunition and fireworks
  • Printing and publication of newspapers for exclusive commercialization within Mexican territory
  • Ownership of agricultural, livestock and forest lands
  • Fishing in freshwater, inshore and exclusive economic zones
  • Integral port administration
  • Piloting services in ports located within Mexican territory
  • Freight shipping within Mexican waters
  • Ship, aircraft and rail equipment fuel and lubricant supply
  • Broadcasting
  • Air transport services

CNIE may authorize FDI entailing the acquisition of more than 49 percent of the capital stock of a Mexican legal entity:

  • Engaged in:
    • Maneuvering services in ports located within Mexican territory
    • Freight shipping via coastal and ocean navigation
    • Aerodrome management or operation
    • Education services
    • Legal services
    • Construction or operation of railways, as well as railroad transportation services
  • Or holding assets with a book value exceeding MXN 28.62 billion, which amount is to be updated during 2026.

Scope of the review

CNIE has broad discretion to approve or deny an investment request. Factors it may consider typically include:

  • The investment's potential impact on the workers of the target entity
  • Technological contributions to Mexico
  • The investment's potential contribution to the Mexican economy
  • National security concerns

Review process timeline

To obtain authorization from CNIE, foreign investors must file a pre-investment control notice, attaching a duly completed questionnaire issued by CNIE; the financial and corporate documents of the interested foreign investors; a general description of the investment's impact in terms of employment, technological contributions and competitiveness enhancement of the target company; any other potential synergies; and evidence of payment of filing fees.

Once the pre-investment control notice is duly submitted, CNIE has 45 business days to authorize the proposed investment. If no decision is issued within that period, the proposed investment is deemed authorized under the FIA.

CNIE may deny an FDI request only for national security reasons. In such cases, the interested foreign investors may file an administrative appeal within 15 business days challenging the denial. If the appeal is denied, they may file an amparo action before a court within the following 15 business days challenging both decisions.

Any FDI in connection with capped investments undertaken without prior authorization from CNIE will render null and void all legal acts executed to implement the investment. CNIE may also impose fines on each foreign investor involved in the transaction of up to MXN 565,700, which amount is to be updated in February 2026.

How foreign investors can protect themselves

Foreign investors may acquire unlimited participation in the capital of companies engaged in capped activities without prior authorization if the investment qualifies as neutral investment, meaning a preferred nonvoting equity interest that is not characterized as FDI under the FIA.

Although the FIA is the primary law applicable to FDI, investments may be further limited or restricted by specific regulations or permits applicable to the target company. In any process involving the analysis of a potential FDI, investors should review the terms and conditions set forth in the applicable regulatory framework and in the permits, authorizations or concessions granted to the target company.

Looking ahead: Likely developments in the next year

CNIE's policy-based approach to reviewing transactions and requesting additional information in FDI review processes is expected to continue.

Under this approach, when a transaction is reportable, it is advisable to contact CNIE officials before filing to discuss the proposed transaction and understand what information they would like to see explaining the potential benefits of the transaction in Mexico.

Although this may require submission of additional information and increase the volume of formal documentation, it can accelerate the clearance process.

Potential policy developments

Increased cooperation between Mexican and US authorities is still expected, considering ongoing cooperation between Presidents Trump and Sheinbaum. However, as of early 2026, neither the FIA nor its regulations have been amended to increase alignment with a US-style FDI review regime, nor have they been amended in connection with the late 2023 Memorandum of Understanding ("MOU") signed between Mexican and US authorities regarding potential enhanced cooperation on national security reviews.

During 2026, Mexico, the US and Canada will review the provisions of their existing United States-Mexico-Canada Agreement ("USMCA") trade and investment treaty, which could result in obligations or commitments for any member state to review or update its respective FDI regime.

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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