ChinaTalks Lecture: New Danish Foreign Investment Screening Regime

Together with the Study Hub for International Economic Law and Development (SHIELD) at the Faculty of Law, UCPH, and Magnusson, we are happy to invite you to the first ChinaTalks lecture of 2022 about the new Danish Foreign Investment Screening Regime

Abstract

Since China opened up its economy it has kept a tight regulation about which investments foreigners can undertake in the country. The aim is to prevent foreign control over key technologies, sectors and infrastructure. The US has for a long time had similar rules, and after having kept fairly open borders when it comes to foreign investments for decades the EU is now catching up. Based on an EU directive from 2019, Denmark in 2021 introduced one of the most vigorous foreign investment screening laws yet implemented across Europe. Within quite a range of sectors, technologies and infrastructure now deemed “critical”, Denmark has introduced a system where many transactions done be foreigner investors cannot proceed absent approval from the Danish Business Authority. This ChinaTalks lecture will cover what kind of transactions that are now restricted, who will be considered foreigners under the Danish legislation, what is now deemed “critical” and also the process for assessing whether the FDI (foreign direct investment) rules apply as well as the filing and approval procedure.

The lecture will also look at how the new legislation will affect Chinese FDI to Denmark at a time where European scrutiny of Chinese investment into critical sectors and infrastructure is on the rise. How will the new law affect the Danish-Chinese relationship going forward?

Speakers

Joanna Lam is Professor (mso) and Director of Study Hub for International Economic Law and Development (SHIELD) at the Faculty of Law, University of Copenhagen. She is also attorney-at-law and Chair of the Nordic-Asian Forum for International Economic Law. Lam specializes in international business law and arbitration. A former Fulbright Fellow, she was a visiting scholar at Harvard Law School; UNIDROIT; University of California, Berkeley; and Renmin University, Beijing. Her works were published by e.g. Cambridge University Press, Oxford University Press, Routledge, Journal of International Arbitration and Journal of International Economic Law. Lam also collaborated as an expert and consultant with a number of institutions, including Asia Foreign Direct Investment Forum; Lewiatan Court of Arbitration; and Ernst & Young.

Nikolaj Juhl Hansen  heads up Nordic/Baltic law firm Magnusson’s China Desk and has been working with Sino-Danish transactions for +15 years. Nikolaj also co-heads the Corporate/M&A team at Magnusson Denmark and has advised foreign investors in Denmark across a wide range of corporate transactions, from traditional M&A across PE and venture investments to joint venture structures.

Practical information

Date & Time: March 9th 16:00-17:30

Location: University of Copenhagen, South Campus, Faculty of Law, Room 4A.0.56  

Registration: The lecture is open for all, but please sign up here.