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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
Sweden

Foreign direct investment reviews 2026: 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.

Insight
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7 min read

Introduction

The Swedish FDI Act was implemented in December 2023 and has since provided for screening of investments in so-called protection-worthy businesses to avoid FDIs that will negatively impact Sweden's national security, public order or public safety. The screening is administered by the Inspectorate of Strategic Products, Inspektionen för Strategiska Produkter ("ISP"). To date, fewer than five transactions have been prohibited by ISP, but it is likely that transactions have been aborted during ISP's assessment due to questions or an indication that the relevant transactions will be prohibited. The remainder of filed transactions have been approved, although a handful of approvals have been conditional.

Summary of major changes in 2025

  • The Swedish FDI Act, Lag om granskning av utländska direktinvesteringar, requiring investments in protection-worthy businesses to be notified to the Swedish authorities, is now entering its third year in force. No major changes to the legislation have occurred during 2025.
  • In 2025, approximately 2,000 investments were filed, and the vast majority (about 99 percent) were approved in the first phase. An extended review was initiated in approximately one percent of the submitted filings. Two investments were prohibited, and one was approved subject to certain conditions imposed by ISP.
  • The Swedish Civil Contingencies Agency, Myndigheten för samhällsskydd och beredskap, has continuously updated the guidelines with regard to activities covered by the scope of the Swedish FDI Act. Further updates and clarifications to the guidelines are anticipated in 2026, and a revised draft of the guidance is currently under consultation. The draft does not introduce any major changes, and the scope of the Swedish FDI Act's application is not anticipated to change significantly.

Who files?

The filing obligation lies with the investor: the legal or natural person carrying out a transaction or otherwise acquiring influence over a protection-worthy business that falls within the scope of the Swedish FDI Act. In general, the investor will be the actual person acquiring the business. For limited liability companies, aktiebolag, the investor will be the person that is to be registered as the owner in the share register of the target company when the investment is completed.

The filing is to be submitted to the ISP. The filing must be made, and approval must be obtained, prior to the closing of an acquisition. If a filing has not been submitted despite there being an obligation to do so, the ISP may issue a fine and decide to review the investment ex officio.

Although the filing obligation lies with the investor, the target company has an obligation to notify the investor that the target company assesses that its business is covered by the Swedish FDI Act and that the investor accordingly has an obligation to file.

Types of deals reviewed

The scope of the Swedish FDI Act encompasses investments pertaining to so-called "protection-worthy activities," skyddsvärda verksamheter. The Swedish FDI Act sets out a comprehensive list of seven types of activities that are to be considered protection-worthy: essential services; security-sensitive activities; activities relating to critical raw materials or metals, or minerals of strategic importance for Sweden's supply; activities relating to large-scale processing of sensitive personal data or location data; activities relating to military equipment; activities relating to dual-use items; and activities relating to emerging technologies or other strategic protection-worthy technologies.

Supplementary guidelines have been published by certain coordination authorities specifying the types of businesses considered protection-worthy within the seven types of activities. These cover a wide range of businesses, including activities within sectors relating to infrastructure, electricity, health care, transportation, information technology, finance, construction, trade and manufacturing.

Scope of the review

Any type of investment in a protection-worthy business must be filed with the ISP if the investor, directly or indirectly, has gained control or influence, or increased its control or influence, over such a business beyond certain thresholds.

Specifically, an investment carried out in an existing company resulting in the investor holding or exceeding 10, 20, 30, 50, 65 or 90 percent of the votes in the company, as well as an investment resulting in the investor holding 10 percent or more of the votes in a new venture intending to set up a business considered protection-worthy, entails a filing obligation.

A filing obligation also applies to asset deals, investments in a partnership, sole proprietorship, a foundation or a private business activity, and other types of transactions where the investor receives direct or indirect influence over a protection-worthy business. This includes investments resulting in the investor obtaining power to appoint board members or having material veto rights.

There are limited exceptions to the filing obligation, and it should be specifically noted that there is no general exception for investments in listed companies. Internal reorganizations also fall within the scope of the Swedish FDI Act.

The filing obligation applies to all investors, both foreign and domestic. However, only investments made by foreign investors may be scrutinized. A foreign investor is defined as a natural person with citizenship from a state outside the EU; a legal entity with its registered office in a non-EU country; a legal entity that is directly or indirectly owned or controlled by a state outside the EU; or a legal person directly or indirectly owned or controlled by a legal person established in a state outside the EU or by a natural person having the nationality of such a state.

Review process timeline

Within 25 business days from the submission of a complete filing, the ISP will issue a decision to either approve the investment or initiate a further review. An investment by a non-foreign investor, as well as an investment by a foreign investor that does not have a detrimental effect on Sweden's national security, public order or public safety, no action is taken.

If an investment is made by a foreign investor and it cannot be ruled out that the investment may have a detrimental effect on Sweden's national security, public order or public safety, then the ISP has three additional months, with a possible extension of another three months, to further review the investment. The ISP will then issue an approval, a prohibition or an approval subject to certain conditions.

A breach of the Swedish FDI Act may result in a fine for the investor or the target company amounting to between SEK 25,000, approximately US$2,750, and SEK 100,000,000, approximately US$11 million. To date, one fine of SEK 200,000, approximately US$22,000, has been issued for failure to file a transaction falling within the scope of the law. An investment in a non-listed company conducted in violation of the Swedish FDI Act may be nullified, whereas an investment in a listed company may only lead to an order to divest the relevant shares within a certain time.

How foreign investors can protect themselves

The scope of the Swedish FDI Act is very broad, and there is no clear definition of what constitutes a protection-worthy activity. The planned updates to be made to the guidelines may clarify the scope, but it can be expected that the scope will remain broad and cover a wide range of businesses. The legislator has expressed an intention to keep the legislation broad and flexible to cover changes in the needs of protection of society. A case-by-case assessment of the target company is therefore recommended in every deal.

An investor who aims to invest in a protection-worthy business should be prepared to disclose information about its ownership structure and about the target company's business, including services or products offered, assets held, customers, personal data processed and so on. The ISP may also ask for additional information beyond the initial request, requiring the investor to be responsive in their communications with the authority. The ISP respects requests for confidentiality with regard to information about the investor and the transaction.

Responsibility for the filing lies with the investor, and prior clearance should be a condition precedent of any prospective deal. As investors classified as a foreign investor may be subject to a more in-depth assessment, an assessment period of up to three months, extendable by an additional three months, investors should review their ownership structure and assess whether they are classified as foreign investors in order to predict the timeline of the transaction process. Investors with only domestic or European Economic Area ("EEA") persons in their ownership structure can expect a speedier process and to obtain approval within 25 business days.

Looking ahead: Likely developments in the next year

The Swedish FDI Act continues to affect how deals are structured and how transaction documents, such as share purchase agreements and investment agreements, are negotiated and drafted, with an increased focus on FDI-related conditions precedent.

It seems likely this trend will continue, along with the trend for the ISP to initiate in-depth reviews of a small minority of transactions filed.

Looking ahead into the third year of application of the Swedish FDI Act, it is expected that Swedish FDI screenings will continue to be an important component in direct and indirect investments in Swedish businesses, impacting the transaction process as well as the transaction documents.

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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