Trois modèles de contrôle des investissements transfrontaliers

The screening of foreign investment has become a growing concern for many countries. In the midst of a trade war between the US and China as well as issues related to state-owned companies’ interference in the EU, it is bound to become a subject of heated debates in Switzerland. As we continue to live through a global pandemic, some countries are seeing themselves lacking or at least vulnerable in terms of access to energy, essential goods and critical technologies. As such, the widespread growing feeling of protectionism is stronger than ever as countries try to defend themselves against foreign states’ intrusions into their national markets at the detriment of the free movement of capital. For that reason, this paper’s objective is to study three different approaches to capital control, namely (i) the restrictive US, (ii) the indecisive EU and (iii) the liberal Swiss frameworks.

This paper underlines two main schools of thought. On the one hand, administrative mechanisms…