Trade and Investment

We drive the development and delivery of the enterprise development programmes of IDA Ireland, the principal agency charged with attracting foreign direct investment and promoting Ireland as the best small country in the world to do business. We promote the development of Ireland’s exports to world markets and work with Enterprise Ireland to help Irish companies achieve global success.

The contribution of foreign direct investment (FDI) to the Irish economy is far reaching and it is estimated that 20% of all private sector employment in the State is directly or indirectly attributable to FDI. It also contributes significant taxation revenue to the Exchequer, generates other commercial activity across the economy and helps to drive investment in research and innovation.

IDA Ireland is the State’s inward investment promotion agency that is tasked with growing and sustaining FDI in Ireland. It achieves this by partnering with potential and existing investors to help them establish or expand their operations here. It also provides a range of supports, including grant assistance, to its client companies.

Ireland’s FDI policy

Ireland’s ability to attract and retain FDI is the result of a number of factors and consistent policy-making by the government over many decades. At the heart of this approach has been openness to global markets, investment in education and skills, membership of the European Union, a competitive, consistent and transparent corporate tax regime and the creation of an environment where people want to live and work.

Within an increasingly competitive global environment, Government is constantly monitoring and improving Ireland’s attractiveness to FDI, focusing on the following key areas:

• Talent

Ireland is renowned for developing and nurturing talent and is an attractive destination for internationally mobile, highly skilled people. Ireland’s education system is among the best in the world, with a high percentage of 30-34 year olds holding a third level qualification, while Ireland currently ranks 1st globally for attracting and retaining international talent. As a result, Ireland has a highly capable, educated and skilled workforce and the Government continues to work to ensure Ireland can respond to future labour market skills needs.

• Pro-enterprise policy and attractive business environment

Ireland’s stable pro-enterprise policy environment, membership of the European Union and Eurozone, technology infrastructure, research and development ecosystem and competitive corporation tax regime support its strong reputation as a great place to do business. In addition, Ireland’s talented and flexible workforce and track record as a successful home to global businesses strengthens its attractiveness for FDI.

• Connected world leading research

Ireland is one of the leading research, development and innovation (RDI) locations in the world. Ireland’s national innovation system enables collaboration between industry, academia, state agencies and regulatory authorities. Irish research and training centres act as beacons that attract prospective FDI and provide a capacity for applied research, supporting firms to develop innovative products and services. Additionally, R&D tax credits support companies to undertake new or additional RDI activity in Ireland.

FDI in Ireland today

FDI has been, and will continue to be, hugely important to the Irish economy. IDA Ireland’s strategy, Driving Recovery and Sustainable Growth, for the period 2021-2024 is built on the pillars of Growth, Transformation, Regions, Sustainability and Impact and sets out the key targets that the agency is working towards in order to sustain and grow investment by overseas companies in the next number of years.

While Ireland continues to benefit from FDI, there is a clear focus on ensuring its advantages are spread more evenly across the country. IDA Ireland and the government have placed a particular emphasis on growing investment in the regions, with regional development at the centre of the IDA’s strategy. This entails new regional investment targets in addition to developing clusters of investment within regions to sustain and attract more overseas companies from particular industries.

Ireland is home to over 1,600 overseas company operations that directly employ over 250,000 people. The country continues to attract businesses from sectors such as ICT, life sciences, financial services, engineering and business services. Many of these companies undertake strategic activities here such as advanced manufacturing and research and development. Ireland’s success when it comes to FDI is partly reflected by the number of the world’s leading companies who have established operations here.

Introduction

Export controls aim to balance the facilitation of legitimate trade with the need to safeguard national and international security interests.

Export controls are regulatory measures applied to monitor and control the export of certain items, technologies and services. These controls are designed to ensure that exports do not contribute to the proliferation of weapons of mass destruction, support terrorism, or endanger national security and foreign policy interests and the protection of human rights. They also ensure compliance with international obligations and agreements.

Lists of controlled items are essential tools for exporters to ensure compliance with export controls. Controls typically require exporters to obtain prior authorisation to export designated items to third countries and in some circumstances also within Europe.

The Minister for Enterprise, Trade and Employment serves as the competent authority in Ireland with responsibility for export controls.

Export control regulations and legislation

International export control regimes

In international export control regimes, participating countries agree on managing the import, export and transit of certain items. The regimes compile lists of items subject to export controls. Ireland, through the Department of Foreign Affairs, is a member of various international export control regimes including:

The Australia Group combats the proliferation of biological and chemical weapons.

The Missile Technology Control Regime regulates matters such as the export of missile components and components for unmanned aerial vehicles.

The Nuclear Suppliers Group concludes agreements to prevent the proliferation of nuclear items and technologies.

The Wassenaar Arrangement includes agreements on export controls for military and dual-use goods.

These regimes provide guidelines and lists of controlled items that member countries, including Ireland, agree to regulate.

EU export control regulations

As a member of the European Union, Ireland adheres to EU export control regulations and has adopted common positions.

EU Common Position 2008/994, establishes a framework of minimum requirements that every national export control system in EU member states must meet. Central to this policy are eight criteria that guide the assessment and regulation of arms exports. These criteria form the core of the Common Position, ensuring a unified approach to arms export controls across the EU.

Regulation 821/2021 known as the Dual-Use Regulation, establishes rules on export controls for dual-use items applicable to all EU member states. These rules directly affect individuals and companies within the Union. Annex I of the regulation provides a comprehensive list of dual-use items that require an export authorisation.

Regulation 258/2012 puts in place measures to enforce Article 10 of the United Nations' Protocol against the illicit manufacturing and trafficking of firearms, their parts, components and ammunition. This protocol, known as the UN Firearms Protocol, supplements the United Nations Convention against Transnational Organised Crime. Specifically, it involves establishing procedures for authorising exports, imports, and transit of firearms, their parts, components and ammunition to prevent illegal activities related to these items.

Regulation 2019/125 addresses the trade in certain items that could be used for capital punishment, torture, or other cruel, inhuman, or degrading treatment or punishment. This regulation aims to control and restrict the trade of these items to prevent their use in activities that violate human rights and international humanitarian standards. It includes measures such as prohibitions, export controls and import restrictions on items that could be misused for such purposes.

Regulation 2009/43 simplifies the rules and procedures applicable to the intra-Community transfer of defence related products. The list of products covered by Directive 2009/43/EEC is the 'EU Common Military List'. As the common military list is updated regularly, the Directive is also updated with an amended list. SI No 268 of 2023 implements and gives effect to Commission Delegated Directive (EU) 2023/277 of 5 October 2022 to reflect the amendments made in the EU Common Military List.

National export control legislation

The Control of Exports Act 2023, signed into law by the President on 26 October 2023, replaces the Control of Exports Act 2008 and associated Statutory Instruments. This updated legislation provides Ireland with a comprehensive framework for regulating the export of controlled goods, mitigating the risk of such items being exported in violation of Regulations and potentially causing injury in regional conflicts or violating human rights in third countries.

The Control of Export Act 2023 commenced on 22 August 2024.

Exporters are urged to familiarise themselves with the provisions of the Control of Exports Act 2023 to ensure compliance. The following information is of a general nature and does not constitute formal or legal advice. Exporters are advised to seek independent legal advice if uncertain about their obligations.

The Control of Exports Act 2023 is designed to update and regulate the control of dual-use and military item exports from Ireland. This legislation streamlines and strengthens the existing export control framework, replacing the Control of Exports Act 2008. Despite the introduction of the new Act, operational practices for exporters will largely remain consistent with current procedures.

In summary, the Act empowers the Minister for Enterprise, Trade and Employment to implement export controls effectively in Ireland. It primarily establishes an authorisation system for the export of dual-use and military items from Ireland to third countries, ensuring Ireland meets its EU obligations regarding common licensing requirements and procedures for dual-use item exports. Additionally, the Act gives legal effect in Irish law to the Council Common Position on activities involving military items.

The EU dual-use regulation has direct effect across the EU. However, member states are required to establish, through national legislation, effective, proportionate and dissuasive penalties for infringements of the regulation’s provisions. The EU regulation also allows member states discretion to adopt additional measures in their national legislation and Ireland has opted to include these in the Act. The Act is structured to detail controls for dual-use and military items in Parts 2 and 3, with authorisations and appeals in Parts 4 and 5. Part 6 addresses enforcement, while offences and corresponding penalties for control breaches are detailed in Part 7.

SI No 416 of 2024 Control of Exports (National military export control list) Regulations 2024, commenced on 22 August 2024 and lists military items that are subject to control under the Control of Exports Act.

SI No 624 of 2020 European Union (UN Firearms Protocol) Regulations 2020, made under section 3 of the European Communities Act 1972 (No 27 of 1972) gives full effect to Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012.

SI No 201 of 2021 European Union (Control of Trade in Goods that may be used for Torture) Regulations 2021 made under section 3 of the European Communities Act 1972 (No 27 of 1972),gives full effect to Regulation (EU) 2019/125 of the European Parliament and of the Council.

SI No 268 of 2023 European Communities (Intra-Community Transfers of Defence Related Products) (Amendment) Regulations 2023 made under section 3 of the European Communities Act 1972 (No 27 of 1972) implements and gives effect to Commission Delegated Directive (EU) 2023/277 of 5 October 2022 to reflect the amendments made in the EU Common Military List.

Controlled items

Controlled items include the export of the following item types:

• dual-use items (products and components, including software and technology, that can be used for both civil and military purposes)
• military equipment
• firearms for personal, civilian use (for example, for hunting or sport)
• items which may be used for capital punishment, torture, or other cruel, inhuman and degrading treatment or punishment
• exports to countries subject to EU trade sanctions

There are corresponding controls in place for brokering or transfer of these items and for providing technical assistance related to these items. Export controls may apply to information as well as physical items. Transfers of information or technology related to controlled items are themselves controlled.

Dual use

Dual-use items are products and components including software and technology which can be used for both civil and military purposes.

Dual-use items can be freely traded within the EU, except for some sensitive items requiring prior authorisation (see Annex IV of Regulation 821/21). While the regulation is directly applicable across the EU, member states must implement national measures for enforcement and penalties. Member states can also implement discretionary measures in national legislation. Ireland has implemented these measures in the Control of Exports Act 2023. The additional controls place due-diligence responsibilities on exporters for non-listed dual-use items for public security or human rights reasons.

Dual-use and cyber-surveillance

Regulation 821/2021 introduced an obligation for EU member states to control exports of cyber-surveillance items which have legitimate civilian use, but which could also be misused for internal repression or serious violations of human rights and international humanitarian law. This obligation applies to cyber-surveillance items that have not already been listed in Annex I of the Dual-Use Regulation.

In October 2024, the EU Commission published guidance on cyber-surveillance for exporters. The guidelines are designed to help exporters apply controls on certain cyber-surveillance items that are not on official lists. This includes, among other things, due diligence steps to assess risks related to exporting these items.

Dual-use and research

In the context of the EU Dual-Use Regulation, technical assistance refers to any support related to the development, production, repair, maintenance, or use of dual-use items. The EU Commission has published guidance for research organisations to assist with compliance of export control obligations governing research activities involving dual-use items. Among other things, the guidance points out some research areas and scenarios that could trigger dual-use export controls. It also offers a list of red flags and several examples of ICP structure in a research organisation.

Military

The EU maintains a list of military equipment, known as the EU Common Military List. An authorisation is required for transfers of all equipment on this list within the EU, as a well as for exports to a third country (that is, outside the EU). In some instances, exporters can avail of simplified procedures in respect of transfers within the EU. The EU Common Military List consists of 22 categories of equipment.

Torture-related equipment

The controls on torture-related equipment are set out in the EU’s Anti-Torture Regulation: Regulation (EU) 2019/125 of the European Parliament and of the Council concerning trade in certain items which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. The export or import of items listed in Annex II of the Anti-Torture Regulation is prohibited. The export of items listed in Annex III of the Regulation is subject to prior approval and authorisation by the department.

Firearms

The Department of Enterprise, Trade and Employment deals with applications relating to the transfer of firearms outside the territory of the EU.

The Department of Justice is responsible for transfers of firearms within the EU.

Export controls are in place for firearms, parts, components and ammunition. The legal definition of these terms for exports of firearms outside the EU is set out in Regulation (EU) No. 258/2012, commonly called the Firearms Regulation.

Export controls also apply to temporary exports, for example personal firearms for competitions or exhibition. In this case, the type of authorisation you need will depend on whether or not you are travelling with your firearm. If you are exporting a firearm unaccompanied, you will need to apply for a Firearms Authorisation.

Export Authorisation System (EAS)

In order to apply for an export authorisation, exporters must first register via the online portal Export Authorisation System (EAS). The EAS User Guide below provides further information on using the EAS portal.

To access and use the EAS portal, users must have a compatible device, such as a laptop or computer (Windows/Linux), smartphone (iOS/Android), or tablet (Windows/iOS/Android). An internet connection and a web browser are required, along with a mobile number for receiving multi-factor authentication codes during login and a valid email address for registration and application-related communications.

Mandatory fields in the application will be marked with an asterisk (*). The portal allows submission of additional documents in Word or PDF format, with Excel spreadsheets required in some cases. Users can upload supplementary documentation for export licenses or applications both during and after submission.

Each exporter profile can be linked to only one Responsible Officer (RO), who cannot be associated with multiple profiles. However, at least one Authorised Officer (AO) must be associated with each exporter profile, and the same AO can be linked to multiple profiles.

Please note that once applications are submitted or saved as drafts, they cannot be edited by the Department of Enterprise, Trade and Employment (DETE) team.

Your privacy is important to us, and we are fully committed to keeping your personal information safe. The EAS Data Protection Statement is intended to provide you with information about the personal information we collect about you and how that information is used and shared. It also sets out your privacy rights. Please take a moment to familiarise yourself with our privacy practices so that you are fully aware of how and why we are using your personal data.

The EAS User Guide provides further information on using the EAS portal.

If you have any questions or require further clarification, please do not hesitate to contact exportcontrol@enterprise.gov.ie

Authorisations

Once registered, exporters or their representatives can apply for the following authorisation types under the different export control regimes.

Individual dual-use authorisations

Individual dual-use authorisations are issued in respect of a particular export transaction. Each authorisation allows the export of specified items to a specified end-user. The transaction must be completed within twelve months of the date of issue of the authorisation.

Brokering activities (dual use) authorisations

Brokering activities (dual use) authorisations may be issued to companies that negotiate with and arrange transactions between non-EU countries for the purpose of selling or buying dual-use items.

Global dual-use authorisations

Global dual-use export authorisations may be issued to companies that have a very high volume of relatively low-risk exports. Global authorisations allow multiple shipments of a specified range of items or technology to one or more destination countries. These authorisations are generally valid for twelve months.

Military export authorisations

Military authorisations are required for the export of any items listed in the EU Common Military List to any destination. Each authorisation authorises the export of specified dual-use items to a specified end-user.

Global transfer authorisations for defence-related products

Global transfer authorisations facilitate the transfer of defence-related products between companies in EU member states.

Brokering activities (military) authorisations

Brokering authorisations are required for the negotiation or arrangement of the transfer of items listed on the EU Common Military List, whether that transfer is from Ireland to a country outside the EU ('third country'), from another EU member state to a third country, or from one third country to another.

Authorisation under the anti-torture regulation

These authorisations are required for the export of any items listed in Annex III of the Anti-Torture Regulation.

Union General Export Authorisations

The Dual-Use Regulation (Annex II) defines a number of EU General Export Authorisations (UGEA) which allow certain low-risk exports to proceed without requiring exporters to apply for an export authorisation.

There are significant restrictions on the use of each UGEA. Exporters should consult the relevant section of the regulation for full details. When notifying the Minister for Enterprise, Trade and Employment, exporters should use the template notification letter.

Read more on Union General Export Authorisation Guidance

End Use Certificates

An End Use Certificate (EUC) is an assurance of compliance with export controls. This document is required as part of the authorisation application process. It should be written on the end-user official company letterhead or with an official company stamp and be signed by an authorised representative of the company.

Decision making

The Department of Enterprise, Trade and Employment assess all export authorisation applications on a case-by-case basis in accordance with the criteria set out in EU and national legislation.

The department is obliged to consult with other EU member states if the products being exported are located in another EU member state or if the products will transit through another EU member state before reaching the ultimate end-user of the products. Consideration must also be given to end-users located in sanctioned countries.

The department may also consult with the Department of Foreign Affairs or other relevant government departments regarding the political and human rights situation in the country of final destination or other relevant matters at the time of the application.

Internal review and appeals can be taken in relation to a decision regarding an application for an export authorisation, as well as decision not to provide detailed reasons regarding a decision (to the extent necessary to protect security and public order).

Processing times

The department aims to process authorisation applications within 20 working days from the receipt of a fully complete application with all required information.

However, this processing time may take longer than 20 days if the end-use destination is particularly sensitive or if it is necessary for the department to consult with another EU member state or another government department.

Under Regulation (EU) 821/2021, the minimum time for consultation with other EU member states on dual-use applications is 10 working days. This period applies when a member state needs to consult others on a specific export license application, particularly if there are concerns about consistency in export controls across the EU or if the destination or end-use is sensitive. This 10-day consultation period can extend further (not exceeding 30 days) if additional information or more thorough review is required.

To avoid delays, exporters are strongly encouraged to apply for an authorisation well in advance and to ensure that all information provided is complete and accurate at the time of application.

Conditions

There are strict conditions of use attached to each authorisation type and exporters should familiarise themselves with these to ensure full compliance.

The duration of an authorisation cannot be extended. Once issued, authorisations are valid only for the specified period. If an unused authorisation expires, a new application will be required. Exporters are responsible for ensuring they apply for the appropriate authorisation type in ample time.

**Individual Dual-Use Export Authorisation Conditions

Related guidance

Guidance on export authorisations and conditions

Internal review and appeals

If an exporter is notified of a decision to deny an authorisation, they can request an internal review or lodge a formal appeal. The process consists of:

(i) An initial review of the decision by an official with no connection to the original decision. The internal reviewer will consider only the reasons stated in the review request and will inform the appellant of their decision to either affirm or vary the decision.

(ii) An appeal of the decision to an independent Adjudicator. Following consideration, the independent Adjudicator may affirm the decision, or where they are satisfied that a serious or significant error or a series of errors was made in making the decision, allow the appeal or remit it for reconsideration.

(iii) Any further appeals must be made to the High Court.

For further information on export control related matters, including internal reviews and appeals, contact exportcontrol@enterprise.gov.ie

Compliance and enforcement

The legal obligation to comply with export controls primarily rests with the exporter. Exporters are responsible for ensuring that their exports comply with all relevant export control regulations and laws, including obtaining necessary authorisations before exporting controlled items. Exporters must also verify the end-use and end-user of their products to prevent them from being diverted for nefarious purposes.

Failure to comply with export controls can result in significant legal penalties. Therefore, exporters must be diligent in understanding and adhering to export control requirements.

Internal Compliance Programmes

An Internal Compliance Programme (ICP) sets out the internal control measures required for monitoring compliance with export control legislation. It serves as an in-house procedures manual detailing such matters as the internal protocols to deal with all risks relating to export control. While there is no specific format or level of detail for ICPs, exporters can consult the European Commission's ICP guidelines.

The Dual-Use Regulation defines Internal Compliance Programmes as "ongoing, effective, appropriate, and proportionate policies and procedures adopted by exporters to ensure compliance with the provisions and objectives of this Regulation, as well as with the terms and conditions of authorisations issued under it. This includes, among other things, due diligence measures assessing risks related to the export of items to specific end-users and end-uses."

During audits, Authorised Officers can provide additional guidance if an ICP lacks sufficient measures to address potential risks

Appointment and powers of Authorised Officers

The Minister for Enterprise, Trade and Employment can appoint individuals as Authorised Officers under the Act. Each appointed officer will be provided with a warrant of appointment, which must be produced upon request while performing duties under the Act.

Authorised Officers have the power to request information, records, and items pertinent to relevant activities from individuals involved in such activities. They are also empowered to enter premises, based on reasonable grounds, where relevant activities are believed to occur or where associated records/documents are stored.

Reporting requirements

Authorised Officers are obligated to prepare and submit a written report to the Minister concerning the activities they undertake as outlined in the Act, particularly those under Sections 57 and 58.

Compliance notice procedures

If an Authorised Officer believes it necessary to prevent or limit non-compliance with the Act, they may issue a 'compliance notice' to a person suspected of contravening a provision of the Act. The notice must specify the grounds for the suspicion, the measures required to cease the contravention, the deadline for compliance, and the recipient's right to appeal or apply to suspend the notice. A compliance notice can be issued regardless of whether there has been a prosecution for an offense under the Act. It does not prevent the initiation of a prosecution. The notice remains valid until it is appealed, revoked, or the officer confirms that it has been complied with. Failure to comply with a compliance notice by the specified deadline constitutes an offense.

Appeal process

The recipient of a compliance notice has 28 days to appeal to the District Court. The court may confirm, modify, or discharge the notice, considering the interests of justice and the need to mitigate risks. The appellant can also request suspension of the notice.

For information on compliance and enforcement please contact trade.compliance@enterprise.gov.ie

Offences and penalties

Offences related to breaches of export controls on dual-use and military items are outlined throughout the Control of Exports Act 2023. Additional offences may apply if a person obstructs or interferes with an Authorised Officer exercising powers under the Act, or if they provide false or misleading information to the Minister under the Act.

Penalties vary depending on the nature of the contravention and the type of conviction. Most offences fall under the penalties prescribed in Section 71(3) of the Control of Exports Act 2023.

Contact

The Department of Enterprise, Trade and Employment aims to provide clear and comprehensive information on export controls. We welcome feedback. For queries, please contact:

Trade Regulation and Investment Screening Unit,

Department of Enterprise, Trade and Employment,

Earlsfort Centre,

Lower Hatch St,

Dublin 2,

D02 PW01.

Email: exportcontrol@enterprise.gov.ie

Restrictive measures (sanctions)

Restrictive measures, also referred to as sanctions, are legally binding measures that can be taken against individuals, entities or countries. Sanctions are adopted by the United Nations Security Council under Chapter VII of the UN Charter, and through decisions taken at European Union level.

UN sanctions

Sanctions measures adopted by the UN are binding on all UN Member States. They are typically implemented in the EU through EU measures (such as Council Decisions and Council Regulations), in order to ensure their consistent implementation in all EU Member States.

EU sanctions

In addition to implementing UN sanctions, the EU adopts autonomous sanctions of its own, under its Common Foreign and Security Policy (Article 215 TFEU), as well as in relation to preventing and combating terrorism and related activities (Article 75 TFEU).

EU sanctions are instruments used by the EU to bring about a change in the policies or activities of other countries. They can be used to tackle violations of international law or human rights, and to promote peace, democracy, and the rule of law. Sanctions will generally include trade measures such as restrictions or embargoes on exports of certain items to specific countries or end-users. For example, the export of military equipment or equipment that could be used for internal repression may be prohibited.

The EU has over 40 different sanctions regimes in place. Up to date information on EU sanctions can be found on the EU Sanctions Map. This is an interactive map which shows all countries which are currently subject to EU sanctions and provides information on the individual regimes.

The legal basis for EU sanctions is provided by EU regulations, however, Member States are required to establish penalties under national law for breaches of the regulations.

Regulation of trade sanctions

The Department of Enterprise, Trade and Employment has responsibility (policy, administration and enforcement) as a National Competent Authority for EU Trade Sanctions. The Authorised Officers in the department’s Trade Compliance and Enforcement team monitor compliance with EU sanctions, along with promoting compliance through outreach programmes for exporters and other stakeholders.

Financial sanctions

The department does not administer financial sanctions. Financial sanctions and related asset freezing restrictions are a matter for the Department of Finance and, at an operational level, are handled by the Central Bank. Contact details are as follows:

Website: International Financial Sanctions - Central Bank of Ireland

Email: sanctions@centralbank.ie

EU restrictive measures in response to the situation in Ukraine

An extraordinary meeting of the Council of the EU on 3 March 2014 condemned the clear violation of Ukrainian sovereignty and territorial integrity by Russia. An overview of the decisions taken by the European Union regarding restrictive measures since this meeting may be found in a timeline on the department’s website. The department also provides a guidance note on current restrictive measures in response to the situation in Ukraine.

The EU non-recognition policy for Crimea and Sevastopol

Information on the EU non-recognition policy for Crimea and Sevastopol may be found in a factsheet produced by the European Union External Action Service.

‘Investment screening’ refers to a procedure allowing the State to assess, investigate, authorise, condition, or prohibit foreign direct investments based on a range of security and public order criteria.

The Screening of Third Country Transactions Act 2023 enables the Minister for Enterprise, Trade and Employment to respond to threats to Ireland’s security and public order posed by particular types of foreign investment, and to prevent or mitigate such threats.

Screening mechanism

The screening mechanism is expected to commence operation during the second quarter of 2024. To assist investors to understand the obligations and responsibilities arising as a result, the department has published draft guidance for stakeholders which provides detailed information on:

• the objective of the screening mechanism
• the types of transactions that fall within the scope of the mechanism and which require mandatory notification
• the notification and screening process
• rights of appeal
• the penalties for non-compliance with the requirements of the Act

The Act, the guidance and the notification form (to be completed by parties to a transaction falling within the scope of the mechanism) are available for download below and potential investors are encouraged to familiarise themselves with the content. The guidance will be finalised prior to commencement. Further guidance on rights of appeal and the related appeals processes will issue in advance of commencement.

Related press release

Minister Calleary welcomes new control of exports and investment screening legislation

Contact

For further information, please contact the Inward Investment Screening Unit at investmentscreening@enterprise.gov.ie

EU FDI Screening Regulation

The Screening of Third Country Transactions Act 2023 was developed on foot of the adoption of the EU FDI Screening Regulation which came into force in October 2020. The Regulation was a response to the growing concerns amongst Member States about the acquisition of strategic or sensitive European companies or technology by foreign-owned firms from third countries.

The Regulation provides a framework for screening third country investment and creates a cooperation mechanism through which Member States and the European Commission can exchange information and raise specific concerns about specific investments on security or public order grounds.

The department is responsible for implementing this Regulation and acts as Ireland’s National Contact Point for cooperation with the European Commission and with other EU Member States on all inward investment screening matters.

In October 2023, the European Commission published the third annual report on the application of the FDI Screening Regulation, summarising trends and figures on FDI into the EU, legislative developments in Member States, and screening activities by Member States currently operating a screening mechanism.

Revision of the FDI Screening Regulation

On 24 January 2024, the European Commission adopted a range of initiatives to strengthen the EU’s economic security at a time of growing geopolitical tensions and profound technological shifts. One of these initiatives aims at further strengthening the protection of EU security and public order by proposing improved screening of foreign investment into the EU. Details of the legislative proposal can be found on the European Commission's FDI Screening page.

Personal data

Privacy is important to us, and we are fully committed to processing and keeping any personal information we receive safely. Our privacy notice is intended to provide information about the personal data we may collect and about how that data may be used and shared in the context of the processing activities undertaken by the Inward Investment Screening Unit. This notice also sets out the privacy rights connected with the collection of such data. Should you wish to familiarise yourself on how and why we may collect this personal data you can view our privacy notice. For further information on the department's policies in relation to data protection, see Data Protection and the General Data Protection Regulation (GDPR) Data Protection.

Documents

Screening of Third Country Transactions Act 2023

The EU and its Member States already screen foreign direct investments into the EU and control the exports of dual-use technologies outside the EU. Currently, however, there is no scrutiny of investments that flow out of the EU to third countries, and there are concerns that some outbound investment may result in the leakage of sensitive technologies and knowledge to potentially hostile third countries.

At the same time, outbound investment is an integral part of the business model of many internationally trading companies operating in Ireland as they strive to grow exports in existing markets or to enter new markets.

In July 2023, the European Commission established an expert group on outbound investments with Member States to advance discussion on these issues. The Trade Regulation and Investment Screening Unit of the Department of Enterprise, Trade and Employment participates in this expert group.

A White Paper on Outbound Investments was published in January 2024 and sets out a roadmap for the Commission’s work programme, encompassing:

• a public consultation (to run from January to April 2024 – see European Commission public consultation on outbound investment)
• monitoring of outbound investment (to be undertaken from summer 2024 until summer 2025)
• a risk assessment (summer 2025 until Autumn 2025) to be conducted by Member States

European Commission White Paper on Outbound Investments

The European Commission White Paper on Outbound Investments proposes a step-by-step analysis of outbound investments to better understand potential risks.

European Commission Factsheet on Outbound Investments

This factsheet summarises the European Commission’s proposed approach to address the potential risks posed by some outbound investments.

Trade policy is an exclusive EU competence under the EU Treaties and defined as the Common Commercial Policy. Under this architecture the Commission represents Ireland and other member states, taking into account the needs of individual member states and the collective good of the EU in international trade negotiations.

The department is responsible for the identification, formulation and development of Ireland’s international trade policies. We also promote Ireland’s trade interests at European Union (EU) trade policy negotiations, and actively participate at the World Trade Organisation (WTO). We represent Ireland at the OECD Trade Committee.

Our key tasks:

• ensuring Ireland’s interests are reflected to the maximum extent possible in the European Union’s Common Commercial Policy (CCP)
• representing Ireland’s trade interests at EU, WTO and other international fora

The EU fora includes the Treaty-based Trade Policy Committee (TPC) which assists the Commission in trade negotiations. Ireland’s full member of the TPC is the head of the department’s Trade Policy Unit and the deputy is our trade counsellor based in the Permanent Representation in Brussels. Under the TPC are a number of other EU trade committees which deal with specific topics such as Services and Investment (TPCSI), Steel, Textiles and Industrial Sectors (TPC STIS) and the Generalised Scheme of Preferences (GSP) for developing countries.

At ministerial level, EU trade policy is guided by meetings of trade ministers in Council.

Our officials based at Ireland’s Permanent Representation to the European Union in Brussels, maintain ongoing contacts with EU Commission and Council officials on trade issues of particular interest to Ireland. Ireland’s trade policy interests are also represented in the World Trade Organisation (WTO), the principal international body for regulating trade, with the assistance of departmental officials based at Ireland’s Permanent Representation to the WTO based in Geneva.

The European Union and the United States launched the EU-US Trade and Technology Council (TTC) at their summit in Brussels on 15 June 2021.

Following their first meeting in Pittsburgh on 29 September 2021, representatives of the European Union and the United States agreed on the importance of and commitment to consulting closely with diverse stakeholders on both sides of the Atlantic on their coordinated approaches to key global technology, economic, and trade issues.

If you want to to be kept informed of developments about the EU-US Trade and Technology Council you can register on the Commission’s Futurium platform at EU-US Trade and Technology Council.

A2M portal provides a single online tool for export, import and intra-EU trade. The portal addresses elements relating to goods and services and the main elements of each EU trade agreement as well as GSP. It provides information for each product, for each agreement and over 120 export markets.

The portal breaks down the legal language into practical information and it serves this information in an easy to access online platform.

Information on tariffs, internal taxes in a specific market, RoO and ROSA (Rules of Origin Self-Assessment), customs procedures and specific product requirements, trade barriers and trade flows is provided.

The World Trade Organization is an organization for trade opening and operates a system of trade rules. The WTO agreements cover the different areas of trade, like trade of goods and services and intellectual property. The organization also offers opportunities to member states’ governments to negotiate trade agreements and settle trade-related disagreements.

Ireland became a WTO member on 1 January 1995.

The WTO Ministerial Conference, which takes place every two years, brings together all members.

Further information on discussions at the WTO.

In order to ensure fair trade, the European Commission applies trade defence instruments such as anti-dumping and anti-subsidy measures.

The Commission offers detailed information on the procedures, and gives more information on the specific use of anti-dumping proceedings.

EU Free Trade Agreements

The EU negotiates trade agreements on behalf of the member states – including Ireland. These agreements deal with preferential duty rates on the shipment of goods between the EU and countries around the world.

They have also evolved to cover a wider range of areas to facilitate trade. Among these include government procurement opportunities, business visitor visas, mutual recognition of professional qualifications, the certification of products, intellectual property rights and the cross border trade in services.

These far reaching agreements can take a number of years of detailed negotiations.

The EU has preferential trade agreements with about 70 countries worldwide. These countries represent nearly 32% of the EU’s external trade.

€3 billion worth of Irish exports are eligible for preferential tariffs as a result of these agreements.

There are a number of negotiations ongoing with countries in the hope that a future free trade agreement can be reached. Some of the more significant include Australia, New Zealand and Mercosur (Brazil, Argentina, Uruguay, Paraguay)

Further information on EU Free Trade Agreements

EU-Vietnam Free Trade Agreement

In 2019 the European Union and Vietnam agreed a Free Trade Agreement. The trade agreement covers a range of goods and services. The agreements sees significant tariffs reductions on food and beverage items as well as tackling a number of non tariff barriers. The agreement also includes commitments in the areas of international labour rights and protections, global environmental agreements and human rights.

Vietnam is an exciting Asian economy. Its GDP has been one of the fastest growing in the world over the past several years. This is powered by a large, youthful population. Reflecting the increased business potential, Enterprise Ireland has recently opened an office in Vietnam for the first time.

The EU and Vietnam’s Free Trade Agreement: What it means for Irish Exporters

Further information on the EU-Vietnam Economic Partnership Agreement

EU-Japan Economic Partnership Agreement (EPA)

The European Union and Japan have signed the Economic Partnership Agreement, a comprehensive trade agreement including goods, services and investment, eliminating tariffs, non-tariff barriers and other trade-related issues, such as public procurement, regulatory issues, competition, and sustainable development.

Japan is one of the key trading partners of the European Union, it is its seventh largest trading partner globally and the second biggest one in Asia. Conversely, the European Union is Japan’s third largest trading partner. Together economies of Japan and the EU account for more than one third of world GDP.

The EPA applies as of 1 February 2019.

The EU and Japan’s Economic Partnership Agreement—What it means for Irish Exporters

Further information on the EU-Japan Economic Partnership Agreement

EU-Canada – Comprehensive Economic Trade Agreement (CETA)

CETA was signed on 21 October 2017. The benefits related to tariffs are in force. CETA was the first of the new generation of trade agreements signed by the EU.

EU-Canada – Comprehensive Economic Trade Agreement (CETA) PAGE TO BE CREATED AND LINKED HERE

The EU Canada Comprehensive Economic Trade Agreement - What it means for Irish Exporters

EU-Canada – Comprehensive Economic Trade Agreement infographic [document 302878 ]

EU-Singapore Free Trade Agreement

In October 2018, the EU and Singapore signed a Free Trade Agreement and Investment Protection Agreement (IPA). The EU-Singapore FTA is the first FTA between the EU and a member of the Association of South East Asian Nations (ASEAN). This Agreement entered into force on 21 November 2019.

The EU and Singapore's Free Trade Agreement - What it means for Irish Exporters

Further information on the EU-Singapore Economic Partnership Agreement

Modernisation of the EU-Mexico Global Agreement

This has been agreed in principle with some outstanding technical issues being finalised during 2019.

Modernisation of the EU-Mexico Global Agreement

Bilateral trade promotes the development of Ireland’s exports by the coordination of overseas trade missions and other promotional events led by ministers of the department and assists in the coordination of inward trade related visits. We also maintain comprehensive data on trade with all of Ireland’s trading partners.

Our main focus is to promote the development of Ireland’s exports to world markets. This is achieved by working closely with Enterprise Ireland and IDA Ireland in the development and coordination of the programme of ministerial-led overseas trade missions and other promotional events, and assisting in the coordination of inward trade related visits.

We also facilitate the coordination of direct government to government contacts, whether formal or informal and ensure that any difficulties that may arise can be addressed.

We compile up to date and comprehensive data on exports and imports to and from Ireland’s trading partners.

Trade missions

The department promotes the development of Ireland’s exports by the coordination of overseas trade missions and other promotional events led by the ministers of the department.

Each year we coordinate a number of ministerial-led overseas trade missions. These involve an extensive range of meetings for participant Irish companies (client companies of Enterprise Ireland) with the aim of developing contacts and/or finalising contracts/joint ventures with partner companies in those countries and also developing an awareness of Ireland as a supplier of world-class goods and services. In addition high-level meetings with ministers and officials take place during trade missions.

Trade statistics

Ireland’s Trade Performance Table for Goods and Services

Introduction

The OECD Guidelines for Multinational Enterprises on Responsible Business Conduct, referred to as ‘the Guidelines’, are recommendations on responsible business conduct (RBC) addressed by governments to multinational enterprises operating in or from adhering countries. They provide non-binding principles and standards for RBC in a global context consistent with applicable laws and internationally recognised standards. They aim to encourage positive contributions enterprises can make to economic, environmental and social progress, and to minimise adverse impacts on matters covered by the Guidelines that may be associated with an enterprise’s operations, products and services. The Guidelines are the only multilaterally agreed and comprehensive code of RBC that governments have committed to promoting.

All governments adhering to the Guidelines are required to set up a National Contact Point (NCP). The role of the NCP is to promote the Guidelines and related Due Diligence Guidance and to handle complaints (known as specific instances) of alleged non-observance of the Guidelines. The Ireland NCP can offer a non-judicial grievance mechanism to help parties resolve complaints through a mediation/conciliation platform. This is referred to as the offer of good offices.

Public consultation on the updated complaint handling procedures for the Ireland National Contact Point (NCP)

Public consultation on the updated complaint handling procedures for the Ireland National Contact Point (NCP) for the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct

Comhairliúchán poiblí ar na nósanna imeachta láimhseála gearán nuashonraithe do Phointe Teagmhála Náisiúnta na hÉireann (NCP)

Comhairliúchán poiblí ar na nósanna imeachta láimhseála gearán nuashonraithe do Phointe Teagmhála Náisiúnta na hÉireann (NCP) do Threoirlínte an OECD d’Fhiontair Ilnáisiúnta ar Iompar Gnó Freagrach

2023 update of the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct

Watch on YouTube: Updated OECD Guidelines Multinational Enterprises 2023 (YouTube)

Since their introduction in 1976, the Guidelines have been continuously updated to remain fit for purpose in light of societal challenges and the evolving context for international business. The 2023 update reflects a decade of experience since their last review in 2011 and responds to urgent social, environmental, and technological priorities facing societies and businesses.

The updated Guidelines were released on 8 June 2023 within the context of the 2023 OECD Ministerial Council Meeting.

Summary of key updates

National Contact Point

Documents

Article 28 of the Treaty of Rome provides for the temporary suspension of duties under the Common Customs Tariff (CCT) on imports of raw materials and components for further processing, where it is established that industry within the EU is unable to obtain supplies of the product or suitable substitutes.

The aim of the tariff suspension scheme is to strengthen the Union’s industrial production capacity, thereby making it easier for its producers to compete with third country suppliers. It does not apply to ‘finished’ products. ‘Finished’ products are defined as those which:

• are ready for sale to the end-user
• are disassembled finished goods
• will not undergo any substantial processing or
• already have the essential character of the complete product

Goods for which anti-dumping or countervailing duties are applicable will normally be excluded from granting a suspension or quota. Goods which are subject to import prohibitions and restrictions (for example, Convention on International Trade in Endangered Species (CITES) will also be excluded from this scheme.

Who can avail of the scheme?

The tariff schemes operate primarily for industrial products and thus the schemes are relevant to manufacturing/processing companies in the chemicals (and allied), micro-electronics (and related) sectors.

Suspensions are normally granted to:

• raw materials
• semi-finished goods
• components not available within the EU or Turkey

**Grounds for refusal

Suspensions will not normally be granted if:

• the amount of uncollected customs duty in question is estimated to be less than €15,000 per year. Enterprises may group together to reach the threshold
• identical, equivalent or substitute products are available within the EU or Turkey
• goods are finished products
• goods are covered by an exclusive trading agreement
• benefits of the suspension are unlikely to be passed on to the EU

How do I apply?

The department advertises twice yearly on the departmental website at the beginning of January and the beginning of July. An application in response to such an advertisement is for a suspension period commencing twelve months ahead.

For example, if Company A applies for the round advertised on 1 July and the application is successful, the tariff suspension/quota would not come into effect until 1 July the following year. This lead in time enables all the necessary investigations to be carried out to ensure that the criteria for granting a tariff suspension/quota in respect of applications are satisfied.

Application form for either a tariff suspension request or a tariff quota request

Request for Tariff Suspension or Quota

There is no facility for online applications because the forms (with supporting documents) must be submitted in hard copy with original signatures.

Applications are examined by the Department in conjunction with the Office of the Revenue Commissioners (for advice on the classification of products) and the State Laboratory (for technical advice). Applications must be submitted to the Commission by the specified deadlines, that is, 15 March and 15 September of each year (COM 363/17 refers). These deadlines are absolute.

Irish industry is also notified with the complete list of all new requests to enable Irish companies to object to/ support any proposals. An objection to an application can be made on the basis that the product/component/raw material is actually available in the EU or Turkey. It is then up to the company that requested the suspension/quota to contact the objecting party to ascertain if this is the case.

What happens next?

All applications submitted by the Member States are checked by the Commission and, if eligible, uploaded to Circabc, which is a shared workspace for members of the Economic Tariff Questions Group (ETQG)).

The ETQG is composed of the European Commission and representatives of all member states. Ireland is represented at the group by an official from the department. Member states may post comments, amendments, and answer queries from the Commission/other member states on this workspace.

The ETQG meets 6/8 times a year to discuss all applications received by the Commission. There are usually three Commission meetings per round of applications, followed by a Council meeting to approve the discussed proposals. The Annex to the existing regulations is then amended to reflect the addition of the new products.

Validity of measures

A suspension will be valid for five years; a quota will be valid for a period of six-twelve months.

InterTradeIreland is one of six North-South Implementation Bodies established under the 1998 Belfast Agreement. It operates a wide range of enterprise support programmes to develop cross border business and assist SMEs with growth, capacity building, and research and innovation.

InterTradeIreland is based in Newry, Co Down and is funded by the Department of Enterprise, Trade and Employment and the Department for the Economy in Northern Ireland.

InterTradeIreland's value proposition for the business community is to deliver benefits in the key areas of competitive advantage – sales and marketing, science, technology and innovation, enterprise capability development and business networks. All of its initiatives are informed by targeted business and economic policy research.

Supports include:

• sales growth supports
• innovation supports
• funding supports
• business insights

For more information on InterTradeIreland, visit InterTradeIreland.com

Interreg

Interreg is an EU programme aimed at fostering and supporting cooperation between different regions of the European Union.

The programme, which was originally launched in 1989, covers all of the EU’s Member States, together with other partner and neighbouring States.

Interreg VA is one of 60 cross-border programmes operating under the main Interreg umbrella. The programme is due to run from 2017-2022 and encompasses the six Border counties of Ireland, Northern Ireland and part of Western Scotland. The Department of Enterprise, Trade and Employment co-funds its “Research and Innovation” strand, in conjunction with its counterpart Department in Northern Ireland, the Department for the Economy

All funding has now been committed and a range of projects are underway in the designated “Health and Life Sciences” and “Renewable Energy” sectors. These projects involve research by relevant academic institutions which are bringing business benefits to companies in those sectors. In addition, the Programme assists SMEs to pursue Research and Innovation for the benefit of their specific operations.

Peace Plus

Peace Plus is a new cross-border EU funding programme for the 2021-2027 period, which will build on and continue the work of both the current Interreg VA and Peace IV programmes Peace Plus will continue to support activities that contribute towards a prosperous and stable society in Northern Ireland and the border counties of Ireland; including activities that promote peace and reconciliation and contribute to the cross border economic and territorial development of the region.