Slovenia FDI control
Produced in partnership with Ketler & Partners l.f. LLC
Slovenia FDI control

The following Competition practice note produced in partnership with Ketler & Partners l.f. LLC provides comprehensive and up to date legal information covering:

  • Slovenia 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...

A conversation with Marko Ketler and Petra Lipovšek Cankar from the Slovenian law firm Ketler & Partners on key issues on foreign direct investment (FDI) control in Slovenia.

1. What is the applicable legislation?

The applicable legislation governing foreign direct investment (FDI) control is the Act Determining the Intervention Measures to Mitigate and Remedy the Consequences of the COVID-19 Epidemic (Official Gazette No. 80/20, the Act), which came into force on 31 May 2020. The provisions governing FDI will remain in force until 30 June 2023, however it is expected that the screening process will become a permanent measure in Slovenia (currently, FDI control measures are included in an interim intervention legislation).

Additionally, Regulation 2019/452/EU establishing a framework for the screening of foreign direct investments into the EU (the Regulation) is applicable as of 11 October 2020. Under the Regulation, EU Member States may maintain their existing screening mechanisms, adopt new ones, or remain without them, however there are some key requirements that have to be respected, eg transparency of rules and procedures, possibility of recourse against the screening decisions, cooperation between EU Member States, confidentiality of information exchanged, etc. The Act already implements most of these requirements and follows the wording of the Regulation, however, its definition of a foreign investor is much wider as explained below.

2. Which government or other body (or bodies)

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