The EU Commission and Council discuss enhancements of national security screening of foreign direct investment (FDI)

The EU has agreed in principle on a strengthened framework to ensure that foreign investment does not threaten security and public order, while keeping the EU open to foreign investment. The draft FDI Regulation does not go as far as introducing an EU screening mechanism whose decisions are binding on Member States. But it would enhance transparency and cooperation between the Member States, and create an advisory role for the European Commission. The Regulation is expected to be formally adopted in Spring 2019 and to apply from late 2020. A range of countries are already strengthening their scrutiny of foreign investment including the U.S.,1 Germany,2 UK3 and UAE.4 The EU has decided to take less radical but similar steps by approving a draft Regulation, initially proposed in

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Alec J. Burnside, Amanda DeBusk, Miriam Gonzalez, Jeremy B. Zucker, Richard Tauwhare, Roger Matthews, The EU Commission and Council discuss enhancements of national security screening of foreign direct investment (FDI), 19 October 2018, e-Competitions Bulletin December 2018, Art. N° 88579

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