Practices

Foreign Investment Screening

Our expertise:

We work with leading domestic and multinational clients, helping them to navigate the intricacies of Irish foreign direct investment screening and European foreign subsidy control. We closely collaborate with our FDI Group to make investing/transacting in Ireland as seamless as possible for our international clients.

We are particularly focused on foreign direct investment screening, with the Screening of Third Country Transactions Act 2023 due to introduce a screening regime for FDI transactions in Ireland and expected to commence in Q2 2024. We advise clients on all aspects of the regime, including whether they may need to notify their deal and, if so, what is involved. 

Our Experience:

• We advise our clients on the applicability of the Irish FDI Screening Regime to their transactions, providing them with tailored advice including:
  • detailed guidance on all aspects of the mandatory FDI notification procedure and call-in regime;
  • assistance with their transaction structure and deal timeline; and
  • advice on contractual protections for inclusion in the transaction documents.

• We liaise with the Department for Enterprise, Trade and Employment, which is responsible for the Screening of Third Country Transactions Act 2023, in respect of the regime.

• We act as Irish Counsel on multi-party transactions and advise on cross-border FDI requirements in situations where the parties are active in a number of jurisdictions. 

• We advise our international clients on the EU Foreign Subsidy Regulation and its applicability to their future transactions.