Investment Control and Foreign Trade

held jaguttis has many years of experience in foreign trade law. For Foreign Direct Investment Law (FDI)/Foreign Investment Control Law (FIC), the lawyers of held jaguttis are among the leading minds according to the renowned German magazine JUVE-Rechtsmarkt.

Investment control law plays an important role in international transactions. The German Federal Ministry for Economic Affairs and Climate Action Energy (“BMWK”) may carry out investment review proceedings (Prüfverfahren) when a foreign investor acquires a German target company (cross-sectoral investment review pursuant to Sec. 55 et. seqq. German Foreign Trade Ordinance, “AWV”, sector-specific investment review under Sec. 60 et. seqq. AWV). held jaguttis advised inter alia on the following foreign trade matters:

  • Obtaining a clearance certificate (Unbedenklichkeitsbescheinigung) (Sec. 58 AWV) for the acquisition of a German company by a foreign investor
  • Carrying out investment review proceedings (Prüfverfahren) initiated by the German Federal Ministry for Economic Affairs and Energy (BMWK) with regard to the acquisition of a German high-tech company by a Chinese investor, advising the investor on legal protection options
  • Advising a foreign investor on the legal framework of foreign investment control in Germany with regard to a contemplated takeover of a publicly listed German company
  • Advising on clauses for the share purchase agreement (SPA) with regard to the German foreign investment control regime (closing conditions, covenants)
  • Advising a German company on German foreign trade law aspects in connection with the divesture of subsidiaries to a foreign investor
  • Advising a foreign blue chip company on the German foreign investment control regime with regard to a takeover of a major German industrial company
  • Negotiations with the BMWK about the clearance of an acquisition of a German company by a foreign investor
  • Obtaining a clearance certificate for the acquisition of a German company (critical infrastructure operator) by a U.S private equity investor
  • Advising a foreign strategic investor with regard to stricter German and European foreign investment control rules, assessment of an acquisition by a competing state fund in a bidding process
  • Advising an international company on the suspension of its business activities in a sanctioned state
  • Advising a U.S. investor in connection with the acquisition of a German company on its compliance with sanctions law requirements
  • Obtaining a waiver under sanctions law (Ausnahmegenehmigung) from the German Bundesbank and an investment control clearance (Freigabe) from the BMWK for the acquisition of a high-tech company frozen under sanctions law