Lithuania FDI control
Lithuania FDI control

The following Competition practice note provides comprehensive and up to date legal information covering:

  • Lithuania FDI control
  • 1. What is the applicable legislation?
  • 2. Which government or other body (or bodies) reviews foreign investments?
  • 3. What is the scope of the foreign investment regime? Does it only apply to specific sectors or types of investors (eg foreign or non-EU / non-WTO)? Are there specific rules for certain types of investors (eg state-owned enterprises)?
  • 4. What are the triggers or thresholds for the regime to apply? What types of transactions are caught? Is there a minimum level of shareholding or a control test that applies?  Are there any other thresholds that need to be met (eg based on turnover or market shares)?
  • 5. Are there any exceptions that may apply?
  • 6. Is there any discretion to review transactions that do not meet any thresholds for review?
  • 7. What are the grounds for review, eg public or national security or other grounds?
  • 8. What level of discretion do the relevant authorities have to approve or reject transactions? Is there scope for any other body to intervene?
  • 9. Where a transaction is caught by the regime, is notification mandatory and must closing be suspended pending clearance?
  • More...

Lithuania FDI control

A conversation with Kaupo Lepasepp and Mantas Petkevičius, partners at regional law firm SORAINEN, on the key issues on foreign direct investment (FDI) control in Lithuania.

1. What is the applicable legislation?

Areas in the scope of the screening obligation are set out in:

  1. the Law on the Protection of Objects Important for Ensuring the National Security of the Republic of Lithuania (the ‘Law on National Security’)

  2. the Resolution of the Government No. 556 (the ‘Resolution 556’) which defines the list of economic activities considered strategically important economic sectors for national security

  3. the Resolution of the Government No. 746 (the ‘Resolution 746’) which defines the list of protection zones for equipment and property important for national security (the ‘Protection zone(s)’)

  4. the Resolution of the Government No. 1540 (the ‘Resolution 1540’) which defines the procedure of the preliminary screening.

2. Which government or other body (or bodies) reviews foreign investments?

The Commission for Coordination of Protection of Objects of Importance to Ensuring National Security (the ‘Commission’).

3. What is the scope of the foreign investment regime? Does it only apply to specific sectors or types of investors (eg foreign or non-EU / non-WTO)? Are there specific rules for certain types of investors (eg state-owned enterprises)?

There are three main types of situation where screening by the Commission is required:

  1. investment into companies important for national security (the Law on

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