Statements by foreign investment

El art. 63 del Tratado de Funcionamiento de la Unión Europea (THE TFEU) prohibits the item in its 63 any restrictions on capital movements between member states and between member states and third countries. In addition, the 65.1. item (b) of the treaty gives the member states to establish procedures for the statement of capital movements for the purposes of administrative information and/or statistics.

The Law 19/2003 of 4 july, on the legal regime of the movement of capital and economic transactions with the outside incorporated the arts. 63 and 65.B) of the treaty on the functioning of the european Union (THE TFEU) and proclaimed the free movement of capital and economic transactions with the outside as well as the possibility of establishing procedures for declaration of movement of capital for information management and/or statistics.

The Royal Decree 571/2023, of 4 july, on foreign investment, which include foreign investments in Spain as spanish investment abroad, which entered into force on 1 september, revoked the Royal Decree 664/1999, of 23 april, and introduced new provisions. With them, updates the regime of declaration of foreign investment, the concept of direct investment, improving the quality and international comparability of statistics, comply with the latest amendment of act 19/2003 of 4 july, and the rules of procedure (EU) 2019/452 of the european parliament and of the council of 19 march 2019, reducing the administrative burdens on the investor, and specifies the cases of suspension of the foreign investment.

On 29 january 2024, adopted a new ministerial order (Order ECM/57/2024, of 29 january) which regulates the procedures applicable to the statements of foreign investment, as well as procedures for the submission of annual reports.

Finally, february 1 entered into forceResolution of 31 january 2024the directorate General of International Trade and investment, on certain models for processing and statement of foreign investments in spain and spanish investment abroad.

Please consult the applicable regulations, the model statements of foreign investment, the processing and electronic procedures related to outside investment.

All parts of the page foreign investment are drafted so that they can be read independently, so that there may be some overlap in the information provided in them.

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