![]() Notification may also be filed by the target company or foreign investor's subsidiary in Slovenia. ![]() Fines up to €500,000 are applicable to a foreign investor if the FDI is not notified within the deadline. A foreign investor is defined as a company or organization domiciled in or a citizen of an EU Member State, the European Economic Area or Switzerland, or a third country. If a specific FDI meets the prescribed requirements and/or the Commission issues its informal opinion stating that mandatory FDI notification is required, then the foreign investor is obliged to submit a notification to the Ministry. ![]() In some cases, the Commission also decides that the prescribed requirements for mandatory FDI notification have not been met.Įven if the Commission issues an opinion that the initiation of the review procedure is not required or that the investment does not fall within the scope of Act, should requirements for mandatory FDI notification be met subsequently, the Ministry may nevertheless subsequently initiate a review procedure and potentially annul the proposed transaction. A key role undertaken by the Commission is to issue a prima facie opinion stating whether the Ministry should initiate a review procedure. The competent authority to review FDIs is the Ministry, which formed a commission primarily responsible for the review of FDI notifications ("Commission"). More than 240 FDIs have been notified to the Ministry of Economic Development and Technology of the Republic of Slovenia Who files We would also like to extend a special thank-you to James Hsiao of our Hong Kong office and Tim Sensenig of our Washington, DC office for their tireless efforts and dedication to the publication of this edition. The names of these individual contributors and their law firms are provided throughout this publication. ![]() We would like to extend a special thank-you to all of our external authors, who have provided some insightful commentary on the FDI regimes in a number of important jurisdictions. Investors conducting cross-border business need to understand FDI restrictions as they are today-and how these laws are evolving over time-to avoid disruption to realizing synergies, achieving technological development and integration, and ultimately securing liquidity. For example, China and Russia are included more and more in CFIUS's regular Q&A, asking broader and more invasive questions. The origin of the investor remains a key concern for Western regulators.Despite increased regulation, most cross-border transactions are successfully consummated, although there has been an increase in the number of cases clearing with remedies.Many regulators have "call-in," "ex officio," or "non-notified" authority. FDI regulators interpret their jurisdiction and authority broadly, especially if they believe it is in the national interest.CFIUS reported at its first annual conference in 2022 that it continues to host training sessions for US allies so that they can adopt similar regimes. FDI regulators, at least from allied nations, are collaborating and learning from each other.In 20, four EU Member States-Czech Republic, Denmark, Netherlands and Slovakia-implemented new FDI regimes, and in 2023, Sweden and Belgium are slated to adopt FDI screening measures (in addition to non-member Switzerland). The number of FDI regimes and regulatory enhancements is growing around the world, particularly in Europe.The following are some general observations, in large part based on the 2022 CFIUS and EU annual reports: They are divergent with respect to jurisdictional triggers across countries, and are almost always a black-box process. Our expansion in coverage reflects the rapid global proliferation of FDI regimes and our market leading position in the field.įDI regimes are wide-reaching in scope, from national security to public health and safety, law and order, technological superiority, and continuity and integrity of critical supply chains. This 2023 edition includes more than 15 new jurisdictions in addition to those covered in previous editions and summarizes high-level principles in the European Union and Middle East. Now in its seventh year of annual publication, White & Case's Foreign Direct Investment Reviews provides a comprehensive look into rapidly evolving foreign direct investment (FDI) laws and regulations in approximately 40 national jurisdictions and two regions.
0 Comments
Leave a Reply. |