Introduces fee for investment screening

On 7 September 2023, the Federal Ministry for Economic Affairs and Climate Action (BMWK) and the Federal Office of Economics and Export Control (BAFA) enacted a Special Fee Ordinance, introducing fees for services provided by in the areas of war weapons control, export controls, and investment examinations. Starting 1 January 2024, fees will be applicable based on the phase, duration, and complexity of the investment review procedures. The fees range from 800 Euro for terminating a review procedure in phase I (preliminary examination) to 6 000 Euro for approving an acquisition transaction in phase II within the extended review periods. Special protective measures may lead to additional one-time fee increases, ranging from 10 000 Euro to 30 000 Euro based on difficulty levels, leaving it to be determined by BMWK's practice.

• Type:

  • Entry and establishment (Approval and admission)

• Industry:

  • Not industry specific

• Sources:

  • Federal Law Gazette, Special Fee Ordinance of the Federal Ministry for Economic Affairs and Climate Action for individually attributable public services in its area of responsibility and the Federal Office of Economics an, https://www.recht.bund.de/bgbl/1/2023/248/VO.html, 15 Sep 2023
  • lexology.com, Investitionskontrolle ab 1. Januar 2024 gebührenpflichtig, https://www.lexology.com/library/detail.aspx?g=546a6726-34c0-456a-bc8e-b6d525e875c0&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2024-01-03&utm_term=, 29 Dec 2023