The ex-ante Belgian FDI screening notification is mandatory and suspensory. Going through the FDI screening process might have a significant impact on transactional timeline and potentially on deal certainty. Therefore, FDI screening notification needs to be considered from the very start of any contemplated investment in entities established in Belgium involving non-EU investors.
The Liedekerke FDI team has been intensely monitoring the design and development of the Belgian FDI screening mechanism since its first inception in 2021. It has built up a fine expertise and vast experience on the topic, including well established contacts with the ISC, enabling our FDI team to swiftly navigate clients through the Belgian FDI screening procedure to secure the best-possible outcome.
Our FDI team assists foreign investors in assessing whether envisaged transactions are notifiable under the Belgian FDI screening mechanism and guides them through all stages of the screening procedure before the ISC, from prenotification and Phase I assessment phase to Phase II screening phase (including the design of potential remedies).
For cross-border assignments requiring a multi-jurisdictional screening assessment, we work on a daily basis with top-tier foreign law firms.
Our Relevant Experience
Advising on the applicability of the Belgian FDI screening mechanism.
Multi-jurisdictional assessment of FDI screening requirements.
Preparation of FDI notification.