Regulatory & International Trade | RIT
Helping Businesses Clear Regulatory Hurdles in Europe
Regulatory & International Trade | RIT
Regulatory & International Trade | RIT
Helping Businesses Clear Regulatory Hurdles in Europe

Foreign Investment Control in Germany | New Administrative Fees Regime

Since January 1, 2024, the German Government now charges administrative fees for foreign invest-ment control (FIC) proceedings.

Under the German FIC regime, the competent federal ministry, the Bundesministerium für Wirtschaft und Klimaschutz (BMWK), may review foreign investments in domestic target companies above certain thresholds. Based on a filing submitted by the direct acquirer, BMWK has two months to review the transaction and issue a clearance certificate (Phase I). In the event of remaining queries or concerns, BMWK may initiate formal investigation proceedings, which may take several months or in certain cir-cumstances even longer (Phase II). In around 90% of cases, foreign investments are cleared in Phase 1.

The administrative fees are calculated as follows:

Admin Fees

Consequently, administrative fees may range between EUR 800 for a usual Phase 1 clearance and EUR 36,000 for lengthy and complex Phase 2 proceedings.

The addressee of the fee is always the direct acquirer. BMWK issues the fee notice together with its main decision (i.e. clearance, certificate of non-objection, order, or prohibition) with a 30-day payment term.

Dr. Deniz Tschammler
Deniz Tschammler advises at the pulse of the global health markets. His clients include pharmaceutical and medical technology companies, providers of digital health solutions and their investors. Deniz assists organizations on transactions and collaborations, on market entry and access, on digitization strategies, in disputes with competitors and authorities as well as industry-specific compliance matters. He regularly advises on cross-border projects, including foreign trade law and investment control.

Alexandra Heberle
Alexandra Heberle advises on all matters of health and foreign trade law. In the health sector, she specializes on medicinal products and medical devices law, health privacy and compliance management issues. In foreign trade law, Alexandra advises clients in particular on foreign investment control proceedings and in the areas of export control and sanctions law.

Dr. Laura Stammwitz
Dr. Laura Stammwitz advises and represents companies in antitrust investigations and merger control, including the coordination of cross-border proceedings, for about 10 years. She has further extensive experience in providing compliance advice. She focuses her practice on many industries, including the food industry, the packaging industry and the healthcare sector.




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