Transactions signed on or after July 1, 2023, involving Belgian entities active in sensitive sectors may now trigger notification under Belgium’s comprehensive Foreign Direct Investment (“FDI”) screening mechanism.
Belgium’s recently implemented FDI rules include a mandatory and suspensory screening regime that aims to safeguard public order and national security in Belgium as well as the strategic interests of Belgium’s federated entities. The regime applies to investments by non-EU investors in entities active in specific sectors in Belgium. It may well capture an unexpectedly large number of deals due to various ambiguities in the legal texts, in part resulting from Belgium’s constitutional complexities.
Please click here to read the full alert memorandum.