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:
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.
