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ARTICLE · 07 OCTOBER 2020

Foreign Direct Investment Screening In Ireland

In April 2020, the Department of Business Enterprise and Innovation (the "Department") launched a public consultation on foreign direct investment ("FDI")...

IrelandGovernment, Public Sector

In April 2020, the Department of Business Enterprise and Innovation (the "Department") launched a public consultation on foreign direct investment ("FDI") screening (the "Consultation") with the intention of informing the policy position that Ireland adopts in implementing EU Regulation 2019/452 on establishing a framework for screening FDI in the EU (the "Regulation")1.

At present, Ireland does not screen FDI, nor is the State currently legally empowered to do so. However, due to the outbreak of COVID-19, implementation of an investment screening regime has now taken priority at a European level.

The Regulation, which was adopted in April 2019 and comes into force on 11 October 2020, is a response to growing concern amongst EU Member States regarding the purchase of, and investment in, a number of strategic European companies by foreign owned firms (and in certain cases, state owned firms) that may undermine a Member States' security or public order. The

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This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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