New Foreign Investment Approval Requirement Regime As Revised In 2013

Under a 2011 amend­ment to the For­eign Trade Act (FTA), as revised in March 2013, acqui­si­tions of 25% or of con­trol­ling inter­ests in com­pa­nies in spe­cific indus­tries, includ­ing in tele­coms and energy, by non-EEA and non-Swiss per­sons require approval by Austria's Min­is­ter of Eco­nomic Affairs

Which transactions qualify for advance approval under the FTA?

Transactions resulting in the acquisition of an enterprise, of a participation of 25%, or of a (co-) controlling interest in an enterprise with seat in Austria, engaged in a protected sector as defined under sec 25a FTA (a "Protected Sector") by a foreign investor who is a non-EU, non-EEA, or non-Swiss citizen or has its seat in a third country, if such country is not Switzerland nor a member of the EEA (the "Foreign Investor"), fall under the scope of the ex-ante approval requirements.