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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
Middle East

Foreign direct investment reviews 2026: 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.

Insight
|
4 min read

Shaden Amr (White & Case) co-authored this publication

Introduction

The general trend continues toward an investment-friendly environment in the Middle East, as local governments aim to attract more inbound investments by foreign investors. However, foreign investors must ensure that they consider sector-specific restrictions and any subsequent approvals, licenses or registrations that may be required, particularly where an activity is considered to be of strategic impact or importance to a particular jurisdiction.

Summary of major changes in 2025

  • In late 2025, Bahrain introduced further refinements to its foreign ownership framework, expanding the range of activities eligible for up to 100 percent foreign ownership. These updates broadened foreign ownership across a wider set of commercial activities, including passenger and freight rail transport, ship recycling services, the renting and leasing of machinery and equipment, data monitoring and data protection consultancy, electric power generation and transmission, port operations and real estate brokerage. Together with the significant changes we saw to Bahrain's foreign ownership rules in 2024, these developments reinforce Bahrain's position as one of the more open and accessible jurisdictions in the region for foreign ownership and foreign investment.
  • A significant development in foreign investment regimes across the Middle East was Saudi Arabia's new investment law, which came into effect in February 2025. The new investment law replaced the previous foreign investment regime with a framework designed to attract international investment and promote equality of treatment between domestic and foreign investors.
  • The new investment law introduced several key changes to Saudi Arabia's investment landscape by replacing its historic licensing process with a streamlined registration system, establishing investor protections through transparent complaint resolution mechanisms, and recognizing investors' rights to access alternative dispute resolution channels, including arbitration and mediation. The investment law applies to both local and foreign investors, representing a major departure from the previous position.
  • In the United Arab Emirates, recent reforms have made it easier for foreign-owned free zone companies to conduct activities on the mainland, in some cases without the need to incorporate a separate onshore entity, subject to applicable permits.
  • In October 2025, Qatar approved updates to the rules governing where non-Qataris may own real estate, expanding the range of areas in which foreign individuals and entities are permitted to acquire property.

Who files?

In the Middle East, the onus is typically on the foreign investor to apply for approval from the relevant government or regulatory body before investing in the relevant jurisdiction.

Types of deals reviewed

Licensing approvals and registration requirements for foreign investment, including both greenfield and brownfield investments, are widespread and vary across and within various jurisdictions. For example, in Egypt, foreign investors must apply to the General Authority of Foreign Investment ("GAFI"), which launched a single portal in 2024 allowing investors to submit incorporation applications, pay fees, electronically sign documents and receive outputs, thereby streamlining the application process. Additional approvals or disclosures may apply in specific cases, including where the target is listed on the Egyptian Stock Exchange or operates in a regulated sector such as banking or insurance. In these cases, approvals from the Financial Regulatory Authority ("FRA") and, where applicable, the Central Bank of Egypt may also be required.

It is also common in the Middle East for jurisdictions to impose sectorwide restrictions where foreign investment is generally prohibited or highly restricted.

In Saudi Arabia, these sectors are set out on a "negative list," which includes oil exploration, drilling and production, with certain exceptions; real estate investments in the city of Makkah, also known as Mecca, and Medina; services related to pilgrimage, or Hajj; and fishing or hunting marine living resources.

In Qatar, restricted sectors include banking, insurance companies, commercial agencies and any other fields for which a decision from the Council of Ministers is issued.

In the UAE, restricted sectors include security, defense and activities of a military nature; banks, exchange houses, finance companies and insurance activities; currency printing; telecommunications; pilgrimage services; Quran memorization centers; and services related to fisheries.

Scope of the review

In the Middle East, there is often significant overlap between foreign direct investment ("FDI") screening and other general licensing procedures, such as in Saudi Arabia and the UAE, while in some jurisdictions, including Jordan, no specific FDI rules exist.

Review process timeline

Review timelines vary by jurisdiction. For example, in Qatar, the Ministry of Commerce and Industry typically makes a decision within 15 days of receiving a complete application.

How foreign investors can protect themselves

Because foreign investment requirements vary across the Middle East, foreign investors should obtain legal counsel to determine the FDI restrictions applicable in each relevant jurisdiction.

Several jurisdictions have established economic free zones to attract foreign investment, where FDI restrictions are less onerous than in base economies. These free zones may cater to different sectors, including logistics, industrial and information technology. Accordingly, foreign investors should work with local counsel to determine which economic free zone is appropriate for their proposed business activity.

Looking ahead: Likely developments in the next year

In the coming years, the Middle East is likely to see an increase in the number of economic free zones, where foreign investment rules and requirements are more relaxed than those applicable in base economies.

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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