On 20 August 2024, Kosovo introduced its foreign investment screening mechanism under the Law on Sustainable Investments. The policy requires screening for investments in critical infrastructure, technology, energy, and media sectors, focusing on public order and national security. It applies to cases involving foreign state control, critical goods, sensitive information, or risks of illegal activities, with decisions ranging from conditional approvals to prohibitions.
"Article 40 Determination of screening
1. Targeted investment or an investment performed by a foreign person that is likely to affect public order or national security may be subject to screening.
2. Screening shall mean the procedures for the evaluation, investigation, authorization, conditionality, prohibition or removal of investment, in accordance with this Law and other applicable legislation.
[...]
Article 41 Circumstances and causes
1. Screening may be required particularly for investments related to:
1.1. critical infrastructure;
1.2. critical technology and dual-use goods under applicable legislation;
1.3. supply of critical goods, including energy, raw materials and food;
1.4. access to or control over sensitive information; and
1.5. media freedom and pluralism.
2. In assessing whether the investment is likely to affect public order or national security, consideration shall be given to the following:
2.1. if the foreign person is directly or indirectly controlled or owned by the public authority of a foreign state;
2.2. if the foreign person has been involved in an activity that affects public order or national security; or
2.3. if there is a serious risk that the foreign person will be involved in illegal or criminal activities.
[...]
Article 42 Procedure and deadlines
1. AIE shall initiate the screening:
1.1. at the request of the foreign person who aims to make or has made an investment;
1.2. at the request of the interested party;
1.3. at the request of the Council, Minister or another competent body;
1.4. ex officio
[...]
Article 43 Screening decision
1. Based on AIE's recommendation on the investment screening, the Council shall, by a decision:
1.1. authorize the investment that does not violate public order or national security;
1.2. set appropriate conditions and deadlines for preventing or eliminating circumstances that threaten public order or national security;
1.3. prohibit or order the removal of investment that violates public order or state security.[...]" (Law No. 08/L - 209, On Sustainable Investments, adopted 20 August 2024 [unofficial translation])
Law No. 08/L - 209, On Sustainable Investments, adopted 20 August 2024
[<a href="https://www.kuvendikosoves.org/Uploads/Data/Documents/Lawno.08-L-209_KhJUAJ4Bdd.pdf">Law</a>]