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ARTICLE · 26 SEPTEMBER 2017

EU To Establish A Framework For Screening Foreign Direct Investment

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On September 13, 2017, the European Commission issued a proposal for a Regulation establishing a framework for screening foreign direct investment ("FDI") in the European Union.

European UnionGovernment, Public Sector

On September 13, 2017, the European Commission issued a proposal for a Regulation establishing a framework for screening foreign direct investment ("FDI") in the European Union (the "Proposal" or "Proposed Regulation"). The Proposal, which came the same day that the US prohibited acquisition of Lattice Semiconductor by a Chinese-backed private equity fund, would apply to FDI, broadly defined as investments that establish or maintain lasting and direct links between investors from third countries and companies carrying out an economic activity in European Union ("EU") Member States. However, it would not apply to purely financial ("portfolio") investments. In his speech on the State of the European Union given on the same day the Proposal was issued, European Commission President Jean-Claude Juncker highlighted the Proposal as a top priority for the European Commission.

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