Romania

Romania

Introduces amendments to the FDI screening regime

14 Apr 2022

On 14 April 2022, the Romanian Government passed a Government Emergency Ordinance No 46/2022 on measures implementing Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019, which amends the FDI screening framework in Romania. FDI projects in designated areas of the economy whose value exceeds the EUR 2 million threshold are subject to Government’s authorization. The regime applies to investors from non-EU countries, or to EU investors that are directly or indirectly controlled by non-EU person. As an exception, the above-mentioned investments may be subject to the review even if they do not exceed the EUR 2 million threshold, if by their nature, they may have an impact on national security or public order or present risks to them.

The sectors of the economy in which FDI is subject to Government’s authorization include: security of Romanian citizens and the community, security of borders, energy sector, transport sector, supply systems with vital resources, critical infrastructure, information systems and communications systems; financial, fiscal, banking and insurance activity; production and circulation of weapons, ammunitions, explosives and toxic substances; industrial security; protection against disasters; protection of agriculture and the environment; and protection of operations for the privatization of state-owned enterprises or their related management.