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ARTICLE · 29 JULY 2021

Foreign Direct Investment Screening Office Act

Foreign direct investment ("FDI") within the European Community ("EU") contributes to competitiveness, enhances employment and drives economic growth.

European UnionGovernment, Public Sector
Fenech Farrugia Fiott Legal
Fenech Farrugia Fiott Legal
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Foreign direct investment (“FDI”) within the European Community (“EU”) contributes to competitiveness, enhances employment and drives economic growth. It generates capital, encourages technological innovation and expertise and, significantly, also opens EU member states to the export of goods and services. The benefits of FDI can however, sometimes be neutralised by the risks which it could present to the security and public order of Members States and therefore, indirectly, to the EU as a whole.

EU Regulation 2019/452 (“the Regulation”) was introduced to establish a framework for the screening of foreign direct investment into the union. The main objective of the Regulation is to provide legal certainty amongst Member States which stand to benefit from FDI as to the risks which this may pose to security and public order, and to ensure that there is EU wide co-operation in tackling these risks.

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