Germany expands the scope of its FDI screening regime
At the end of 2018, the German government amended the Foreign Trade and Payments Ordinance in order to expand the scope of its FDI screening mechanism. Firstly, the amendment lowers the foreign ownership threshold from 25% to 10% in the following sectors: military equipment, crypto-technology and IT security, critical infrastructure and software operating the latter. Secondly, the definition of "critical infrastructure" is broadened to encompass the news and media companies critical for "public opinion formation", including those involved in broadcasting, TV and print media.
Type: Entry and establishment (Approval and admission)
Industry: Manufacturing (Printing and reproduction of recorded media, Manufacture of computer, electronic and optical products, and electrical equipment, Manufacture of machinery and equipment n.e.c.), Services (Electricity, gas, steam and air conditioning supply, Water supply, sewerage, waste management and remediation activities, Publishing, audiovisual and broadcasting activities, Telecommunications, Computer programming, consultancy and related activities, Public administration and defence; compulsory social security)
- BAFA, Zwölfte Verordnung zur Änderung der Außenwirtschaftsverordnung vom 19. Dezember 2018, Dec 19, 2018
- Federal Ministry for the Economics and Energy, Stärkung unserer nationalen Sicherheit durch verbesserte Investitionsprüfung, Dec 19, 2018
- Freshfields Bruckhaus Deringer LLP, Minority acquisitions targeted by new German foreign investment rules, Dec 29, 2018