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), held jaguttis is one of the renowned and very visible units according to the German JUVE Handbook. 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 certificates (Unbedenklichkeitsbescheinigung) (Sec. 58 AWV) for the acquisition of a German company by foreign investors
  • 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