Poland is preparing to make its temporary foreign direct investment (FDI) screening regime permanent. A draft amendment to the law, presented by the Ministry of Development and Technology, proposes that the new rules would enter into force on 24 July 2025 – the date when the current temporary regime is set to expire.
Under the draft, the authority responsible for conducting the proceedings will change: the Minister responsible for economic affairs (that is now the Ministry of Development and Technology) will assume authority, replacing the President of Polish Office of Competition and Consumer Protection (UOKiK).
National and EU context
In 2020, Poland introduced a temporary FDI screening mechanism in response to the economic impact of the COVID-19 pandemic, as was the case in other EU countries. The purpose of the regulations was to safeguard Polish companies of strategic importance against takeovers by investors from outside the EU, the European Economic Area and the Organisation for Economic Cooperation and Development from countries such as Russia, China and Saudi Arabia.
The mechanism was originally intended to be in place for two years, but was extended to five years and will expire on 24 July 2025. In response to its pending expiry, the Ministry of Development and Technology presented a draft amendment to the law that transforms this temporary mechanism into a permanent FDI screening system.
The amendment is also part of the wider EU policy. In January 2024, the European Commission presented draft changes to the current regulation on screening foreign investments in the EU (Regulation (EU) 2019/452), which introduces a mandatory and coherent system of FDI screening in each member state, including indirect investment and strengthening mechanisms of cooperation between states.
Change of the supervisory authority
Under the draft law, from 24 July 2025, the Minister of Development and Technology will be the authority responsible for receiving notifications and conducting proceedings. Any pending proceedings initiated before that date will remain with the President of the UOKiK until they are concluded.
The current legislation has caused interpretation problems (e.g. in determining the correct moment of notification or the entities obliged to notify their intention to invest). To prevent these doubts, the UOKiK has published official guidelines on the application of investment screening regulations, which were updated in 2024. Currently, it is not clear whether the Ministry of Development and Technology will develop its own interpretations or continue to apply UOKiK guidelines.
Practical implications and investor obligations
From 2020 to the end of April 2025, the UOKiK received 27 notifications. Although the number of formal notifications to UOKiK was insignificant, the practical significance of the FDI laws is significant. Failure to report an investment subject to the regulations can lead to serious consequences, including the invalidity of the agreement and criminal liability.
The amendment does not provide for any procedural changes or an extension of the notification obligation, but investors should prepare for possible changes in interpretation and approach by the new authority.
Further reforms to come
The Ministry of Development and Technology announced that the current amendment is only the first step. In 2024, an expert team was set up to prepare a further, comprehensive amendment to the law. The new laws are intended to unify and structure the existing investment screening mechanism and bring Polish law into line with EU regulations.
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