Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 07 MAY 2021

Updated Regulations On Foreign Direct Investment In Germany – Focus On High-Tech Sectors

Mayer Brown
Mayer Brown
Contributor
Mayer Brown

Mayer Brown

Mayer Brown is a leading international law firm positioned to represent the world’s major...

View firm profile
Explore more from Mayer Brown

The revised rules of the Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung or AWV) further extend the competences of the Federal Ministry for Economic Affairs and Energy, which...

GermanyGovernment, Public Sector
Christian Horstkotte
Christian Horstkotte
Johannes Weichbrodt, LLM
Johannes Weichbrodt, LLM
Dr. Eugen Wingerter
Dr. Eugen Wingerter
Matthias Jannausch
Matthias Jannausch
Teresa Gerhold, LLM
Teresa Gerhold, LLM
Author LinkedIn connections

Introduction of the new Rules

The revised rules of the Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung  or AWV) further extend the competences of the Federal Ministry for Economic Affairs and Energy, which is the governmental body responsible for FDI control. The new rules can be traced back to the joint initiative of Germany, France and Italy who championed amendments to the European legal framework for FDI to protect its key industries from controversial acquisitions by foreign-backed investors. The new amendment further implements the EU-Screening Regulation (Regulation (EU) 2019/452). The new rules entered into force shortly after its adoption, on 1 May 2021.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the “Mayer Brown Practices”). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe – Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. “Mayer Brown” and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2024. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Article

Dissent Channel: Will German Chancellor Friedrich Merz Resign?

Two analysts from Stepwise's Global Strategic Engagement Team debate whether German Chancellor Friedrich Merz can survive the political fallout from the CDU's historic regional election losses in September, or if mounting party pressure will force his resignation. Ian Cameron argues Merz will cling to power despite weakened authority, while Thomas Goldstein contends his chancellorship appears terminal.
GermanyGovernment, Public Sector
Steptoe LLP
Steptoe LLP
Article

Commission Proposes EU Public Procurement Act

The European Commission has proposed replacing the EU's three core procurement directives with a single, directly applicable Regulation that would fundamentally reshape how companies compete for public contracts across Member States. The reform introduces mandatory quality criteria thresholds, embeds ESG considerations as evaluation factors, and establishes new security and European-preference provisions that could restrict participation based on ownership, supply chain exposure, and strategic dependencies.
European UnionGovernment, Public Sector
Jones Day
Jones Day
Article

The AfD’s Victory In Saxony-Anhalt And The Outlook For German Politics, Trade And Economic Policy

Germany's Alternative for Germany (AfD) party achieved a historic victory in Saxony-Anhalt regional elections, winning nearly 44% of the vote and dealing a severe blow to the ruling Christian Democratic Union. The election results are creating political instability that could weaken Berlin's leadership role in the European Union and reshape the bloc's approach to critical trade, industrial policy, and China relations during a pivotal period for European policymaking.
GlobalGovernment, Public Sector
Steptoe LLP
Steptoe LLP
Article

Germany’s Military Modernization Is Shaping The Future Of Europe’s Security And Defense Industry

Germany is positioning itself to become Europe's dominant military power through an extensive defense modernization program that will run through 2039. With defense spending more than doubling since 2020 and investments spanning space, AI, drones, and long-range capabilities, Berlin's military ascendance creates both opportunities and tensions with traditional European defense leaders like France and Poland.
GermanyGovernment, Public Sector
Steptoe LLP
Steptoe LLP
Article

Leaked Draft German Foreign Direct Investment Screening Act

Germany is modernizing its foreign direct investment screening regime to align with EU standards by 2028. The leaked draft of the new Investment Screening Act reveals a largely familiar framework with elevated statutory protections, but introduces notable changes for EFTA investors and listed company thresholds. Will the final legislation maintain this continuity or introduce more substantial reforms as parliamentary debate unfolds?
GermanyGovernment, Public Sector
A&O Shearman
A&O Shearman
Article

DOL Announces Enforcement Actions Against Employers In H-1B And PERM Fraud Probe

The Trump Administration has launched an unprecedented enforcement action suspending permanent labor certification processing for eight major employers, linking immigration sponsorship to layoff histories and recruitment practices. This development signals a fundamental shift in how the government evaluates employer access to H-1B and green card programs, with investigations already underway and subpoenas served.
United StatesEmployment and HR
Mayer Brown
Mayer Brown
Article

Trump Administration Announces New Enforcement Actions Against Employers In H-1B And PERM Fraud Probes

The Trump Administration has launched an unprecedented investigation into H-1B visa and PERM labor certification programs, with the Department of Labor's Office of Inspector General issuing dozens of subpoenas and suspending employers' ability to process applications. Federal agencies are deploying new enforcement tools including whistleblower programs and criminal prosecution threats...
United StatesImmigration
Mayer Brown
Mayer Brown
Article

Landmark DoorDash Settlement Confirms NYC DCWP’s Aggressive Enforcement Posture

New York City's Department of Consumer and Worker Protection secured a landmark $131.5 million settlement with DoorDash, marking the largest worker settlement in the city's history and the largest involving food delivery workers nationwide. The agreement provides over $115 million in direct compensation to more than 260,000 delivery workers who were underpaid, unpaid, or paid late, while establishing a comprehensive three-year compliance monitoring program.
United StatesEmployment and HR
Mayer Brown
Mayer Brown
Article

Contracting Opportunities And Challenges For Emerging Agentic AI Companies

Emerging providers of AI agents face unique contracting challenges as autonomous AI tools evolve beyond traditional SaaS models. This analysis examines critical issues in defining agent authority, structuring pricing models, calibrating warranties, and navigating regulatory uncertainty. How should providers balance customer expectations with the unpredictable nature of autonomous AI systems?
United StatesMedia, Telecoms, IT, Entertainment
Mayer Brown
Mayer Brown
Article

SEC Staff Statement On Fair Value Measurement And Disclosure Considerations For Private Assets

The SEC Staff has issued new guidance addressing fair value measurement and disclosure practices for private credit and other illiquid assets held by registered funds and business development companies. As private credit portfolios have grown nearly 60% since 2020, reaching $270 billion, regulators emphasize the critical importance of robust valuation methodologies, transparent disclosure of significant judgments, and careful application of accounting standards when market prices are unavailable.
United StatesAccounting and Audit
Mayer Brown
Mayer Brown