Multiple jurisdictions worldwide − and almost all EU member states − have foreign direct investment screening mechanisms in place to protect their national security interests. These include sector-specific screening mechanisms and 'general' screening mechanisms. This is also the case in the Benelux. All three jurisdictions have their own general, and in some cases also sector-specific, FDI regimes in place:
- In The Netherlands, the Investments, Mergers and Acquisitions (Security Screening) Act, a general investment screening regime, entered into force on 1 June 2023
- In Belgium, FDI legislation entered into force on 1 July 2023
- In Luxembourg, FDI legislation entered into force on 1 September 2023
These regimes require that certain investments require a notification with and approval from the relevant authorities, prior to finalising the investment.
Our local experts have a wealth of experience and in-depth knowledge of these regimes and have assisted in obtaining approval for multiple national and international FDI filings over the years. We have excellent contacts at the relevant authorities and are aware of the most recent policy developments and political sensitivities.