Investment Screening

In recent years, companies from emerging economies have increasingly been investing abroad, in some cases for reasons of industrial policy. Such direct investment in Switzerland has led to fears that this may result in a loss of jobs and expertise, and that public order or security may be put at risk. The Swiss Government has closely considered these potential risks in its report “Cross-border Investments and Investment Controls” of February 2019.

With the adoption of motion 18.3021 Rieder "Protection of the Swiss economy through investment controls" in March 2020, the Swiss Parliament instructed the Government to create a legal basis for controlling foreign investments. The Swiss Government is currently in the process of implementing this mandate. On 18 May 2022, it initiated the consultation on legislation to screen foreign direct investment in Switzerland. The consultation ended on 9 September 2022. All relevant information is available here (in German).

On 10 May 2023, the Federal Council took note of the results of the consultation on a new law on investment screening. There is widespread scepticism about the proposal, especially as it reduces Switzerland's attractiveness as a business location. The Federal Council has therefore instructed the Federal Department of Economic Affairs, Education and Research (EAER) to draft legislation by the end of 2023 that is limited to investments that are most critical to security (Press release).

Press releases

10.05.2023

Investment Screening Act: Federal Council to have draft prepared

On 10 May 2023, the Federal Council took note of the results of the consultation on a new law on investment screening. There is widespread scepticism about the proposal, especially as it reduces Switzerland's attractiveness as a business location. The Federal Council has therefore instructed the Federal Department of Economic Affairs, Education and Research (EAER) to draft legislation by the end of 2023 that is limited to investments that are most critical to security.

18.05.2022

Federal Council initiates consultation on legislation to screen foreign investment

On 18 May 2022, the Federal Council initiated the consultation on legislation to screen foreign direct investment in Switzerland. On adopting Motion 18.3021 Rieder, Parliament instructed the Federal Council to draft the necessary legislative basis. The Federal Council advises against introducing new legislation as it considers the cost/benefit ratio to be unfavourable and the existing regulations to be sufficient.

13.02.2019

Federal Council decides against investment controls for time being, but supports monitoring procedure

At its meeting on 13 February, the Federal Council approved a report on cross-border investments and investment controls which indicates that introducing such controls would currently bring no additional benefits to Switzerland. On the contrary, restricting capital flows into Switzerland would increase red tape, generate uncertainty and make Switzerland a less attractive place to invest. However, the Federal Council intends to conduct a monitoring procedure and review the report within the next four years.

Specialist staff
Last modification 23.05.2023

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