Investment Policy Monitor
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UNCTAD has been collecting information on changes in national foreign direct investment (FDI) policies on an annual basis since 1992. This collection has provided input to the analysis of global and regional investment policy trends in the World Investment Report, the quarterly Investment Policy Monitor (since 2009) and the UNCTAD-OECD Reports on G20 Measures.
In 2011, to further strengthen the quality of reporting, UNCTAD revised the methodology of monitoring investment policy measures. and revised the measures going back to 2000 accordingly.
The Investment Policy Monitor provides the international investment community with country-specific, up-to-date information about the latest developments in foreign investment policies.
Through its monitoring of investment policy changes, UNCTAD offers cutting-edge and innovative contributions to investment policy discourse, and contributes to preparing the ground for future policymaking in the interest of making foreign investment work for growth and development.
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Note: the policy measures are identified through a systematic review of government and business intelligence sources. Measures are verified, to the fullest extent possible, by referencing government sources. The compilation of measures is not exhaustive.
Disclaimer: the boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
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- Germany - Amends its FDI screening regime
Germany
Amends its FDI screening regime
17 Jul 2020On 17 July 2020, the first amendment to the Foreign Trade and Payments Act entered into force. It aims at implementing the European foreign investment screening regime in Germany. Furthermore, it expands the scope of the foreign acquisition review to a "probable impairment” of public order or security, whereas previously only an actual risk could trigger governmental intervention. The new test refers not only to the public order and security of Germany, but also to that of any other EU Member State as well as to projects or programs of EU interest. Additionally, all foreign acquisitions with mandatory fillings are suspended and deemed void until governmental approval is issued. Also, certain steps towards the conclusion of a transaction are prohibited and the infringement may be subject to fine or imprisonment. Those include an exercise of voting rights, entitlement to dividends, or sharing of specific information on the target company. The amendment introduces a new provision stipulating the time limits for the different stages of the screening process, in a comprehensive, differentiated and transparent manner.
Finally, the Foreign Trade and Payments Ordinance was adjusted to changes provided for in the the amendment of the Foreign Trade and Payments Act. Those modifications were adopted on 7 October 2020 and came into force on 29 October 2020.
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Type:
- Entry and establishment (Approval and admission)
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Industry:
- Not industry specific
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Sources:
- UNDESMINISTERIUM FÜR WIRTSCHAFT UND ENERGIE, Änderungen im Außenwirtschaftsrecht, https://www.bmwi.de/Redaktion/DE/Artikel/Service/Gesetzesvorhaben/erstes-gesetz-aenderung-aussenwirtschaftsgesetz.html, 17 Jul 2020
- UNDESMINISTERIUM FÜR WIRTSCHAFT UND ENERGIE, Sechzehnte Verordnung zur Änderung der Außenwirtschaftsverordnung, https://www.bmwi.de/Redaktion/DE/Downloads/S-T/sechzehnte-verordnung-zur-aenderung-der-au%C3%9Fenwirtschaft-verordnungsentwurf.pdf?__blob=publicationFile&v=2, 07 Oct 2020
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UNCTAD has been collecting information on changes in national foreign direct investment (FDI) policies on an annual basis since 1992. This collection has provided input to the analysis of global and regional investment policy trends in the World Investment Report, the quarterly Investment Policy Monitor (since 2009) and the UNCTAD-OECD Reports on G20 Measures.
In 2011, to further strengthen the quality of reporting, UNCTAD revised the methodology of monitoring investment policy measures. and revised the measures going back to 2000 accordingly.
The Investment Policy Monitor provides the international investment community with country-specific, up-to-date information about the latest developments in foreign investment policies.
Through its monitoring of investment policy changes, UNCTAD offers cutting-edge and innovative contributions to investment policy discourse, and contributes to preparing the ground for future policymaking in the interest of making foreign investment work for growth and development.
-
Note: the policy measures are identified through a systematic review of government and business intelligence sources. Measures are verified, to the fullest extent possible, by referencing government sources. The compilation of measures is not exhaustive.
Disclaimer: the boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
Share





Latest publications
