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[null,"Prepared By:","Contributors:"]
[null,"Tsar & Tsai Law Firm","Lynn Lin"]
[]
[]
[]
["Lex Mundi Global Foreign Investment Restrictions Guide"]
[]
["Report Generated: 11/19/2025"]
[]
["View your report results on next tab"]

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["Question","Taiwan"]
["Lex Mundi Global Foreign Investment Restrictions Guide"]
["Please provide a short summary of the Foreign Investment Restrictions adopted by your jurisdiction.","Foreign investments (excluding investments from Chinese investors, which are subject to a separate set of investment regulations, “\nPRC Investments”) are generally subject to the “\nStatute for Investments by Foreign Nationals”. A Foreign Investment Approval (“\nFIA”) issued by the Department of Investment Review of the Ministry of Economic Affairs (“\nMOEADIR”) is a prerequisite for foreign inbound investment. Foreign investors may invest in most business sectors except for those on the Negative List prescribed by \nMOEADIR. The Negative List specifies certain “Prohibited Industries”, in which no foreign investment is permitted, and “Restricted Industries”, in which special permits/licenses are required or foreign investors’ shareholding is subject to certain limitations. For PRC Investments, the Regulations Governing Investments by PRC Persons (the “PRC Investment Regulations”) shall apply. According to the \nPRC Investment Regulations, a PRC Person may invest in certain industries identified on the “List of Permitted Industries” as promulgated by \nMOEADIR from time to time. Article 3 of the PRC Investment Regulations defines the term \"PRC Person\" as (a) a PRC citizen, (b) a PRC entity or (c) a corporate entity incorporated in a third jurisdiction (\"\nNon-PRC Jurisdiction\") which is controlled or more than 30% owned (directly or indirectly) by a PRC citizen or a PRC entity.\n"]
["Is your regime focused on economic protectionism, national security, or a combination?","The foreign investment regime in Taiwan focuses on both economic impact and national security. In addition, \nMOEADIR will also consider the negative effect on public policy, morals and national health. Having said the above, Taiwan welcomes and actively promotes foreign direct investment and generally maintains transparent regulatory and accounting systems. \n"]
["Who is considered a \"foreign investor\" and are only investments from particular countries covered?","All foreigners, regardless of their nationality or place of organization, will be considered foreign investors. Investments from Hong Kong and Macau are generally treated as foreign investments under “\nLaws and Regulations Regarding Hong Kong & Macao Affairs”. However, \nPRC Investments are subject to a separate set of investment regulations.\n"]
["What sectors are subject to Foreign Investment Restrictions screening?","All sectors are subject to foreign investment screening, subject to the prohibition or restriction prescribed on the Negative List or the List of Permitted Industries as aforesaid.\n"]
["What are the relevant thresholds?","There is no threshold prescribed under the law except for the restrictions prescribed on the Negative List (for foreign investments) or the “\nList of Permitted Industries” (for PRC investments). All investments from foreign investors and PRC Persons are subject to foreign/PRC investment approval.\n"]
["Is notification under Foreign Investment Restriction rules mandatory?","The \nFIA issued by \nMOEADIR is a prerequisite for foreign investments / \nPRC Investments. The filing under related regulations is mandatory.\n"]
["Is the relevant authority's approval required prior to closing?","Yes. The \nFIA issued by \nMOEADIR is a prerequisite for foreign investments / \nPRC Investments, and thus the \nFIA will be required prior to closing.\n"]
["What was the impact of COVID-19 on your foreign investment regime?","MOEADIR has slightly loosened some procedural requirements, such as the acceptance of e-filing. It is also our observation that \nMOEADIR takes a longer time to complete its review of applications in the wake of the pandemic.\n"]
["How active has your agency been in reviewing, delaying, modifying or blocking foreign investments?","The authority has not published the statistical information for investments that have been blocked or opposed. As above, it is our observation that \nMOEADIR takes a longer time to complete its review of applications in the wake of the pandemic.\n"]
["On what grounds can enforcers review and block a foreign investment? How active have they been in the past 6 months?","MOEADIR could restrict or prohibit a foreign investment on the ground that: (1) such investment may negatively affect national security, public order, morals, or national health; or (2) such investment is restricted or prohibited by the law. \nMOEADIR could restrict or prohibit a PRC Investment on the ground that: (1) such investment is economically monopolistic or oligopolistic; (2) such investment is politically, socially, or culturally sensitive or may affect national security; (3) such investment has an adverse effect on domestic economic development or financial stability; or (4) such investment is restricted or prohibited by the law. However, the authority has not published the statistical information for investments that have been blocked or opposed.\n"]
["Do you expect any regulatory developments over the next 6 months?","In response to the surge of foreign investment and PRC investments, the regulatory authority underwent an organization reform in September 2023, from the investment commission to \nMOEADIR. This restructuring is expected to enhance the density of reviews and involve more high-level officials in the reviews.\nCurrently investments from Hong Kong and Macau are generally treated as foreign investments under “\nLaws and Regulations Regarding Hong Kong & Macao Affairs”. However, authorities are reviewing related regulations and considering reinforcing the regulation on Hong Kong and Macau investment. It is possible that regulations in relation to Hong Kong & Macao investments may be amended in the near future.\n"]