Investment Control and Foreign Trade

held jaguttis has many years of experience in foreign trade law. According to the German magazine JUVE-Rechtsmarkt, held jaguttis is one of the leading law firms for foreign direct investment law (FDI)/foreign investment control law (FIC). The lawyers at held jaguttis are among the best lawyers in this field and Simeon Held and Malte Jaguttis are recognized as “Leading Minds” in investment control law.

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