Germany – GVT Foreign Investment Review

Germany – GVT Foreign Investment Review

On 27 April 2021, GE GVT adopted three important future projects.

  • GE GVT decided on a future project presented by the federal ministry for economic affairs and energy, including adoption of amended foreign trade regulation.

Foreign Trade Ordinance

  • Improved investment review process, concluding investment review started in 2020.
  • New rules focus on future and high-tech sectors such as artificial intelligence, autonomous driving, semiconductors, optoelectronics or quantum technology.
  • If non-EU citizens acquire 20% or more of the shares in companies from these sectors in the future, this investment will trigger a reporting obligation in Germany.
  • The threshold, which is set higher than existing regulations, relieves start-ups and financial investors in particular, but still 10% threshold for critical infrastructures.
  • New investments by same investor in a company will now also be subject to testing.
  • But in future only if certain, clearly regulated threshold values are exceeded.
  • This means a relief compared to current testing practice, benefiting investors, firms.
  • Amending bill will come into force a few days after its promulgation in federal gazette.
  • It will then be forwarded to federal council and Bundestag, Bundestag can repeal the amendment within four months, approval of the federal council is not required.
  • On same day GE GVT issued update to foreign investment review law.