Screening of Third Country Transactions Act 2023

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Number 28 of 2023


SCREENING OF THIRD COUNTRY TRANSACTIONS ACT 2023


CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Connected persons

4. Reporting on operation of Act

5. Regulations

6. Offences and penalties

7. Expenses

8. Service of documents

PART 2

Notification and Review of Transactions

9. Notifiable transactions

10. Requirement to notify Minister of transaction

11. Deemed compliance with requirement to notify Minister of transaction

12. Review of transactions with regard to security or public order of State

13. Considerations when reviewing transactions

14. Issuing of screening notice to parties to transaction being reviewed by Minister

15. Qualification of obligation to issue screening notice in exceptional circumstances

16. Screening decision

17. Limitation on transaction under review

18. Powers of Minister in relation to transactions

19. Notice of information

20. Calculation of period within which Minister shall make screening decision

21. Written submissions

PART 3

Appeals

Chapter 1

Adjudicators

22. Appointment of adjudicators

23. Revocation of appointment as adjudicator

24. Liability of adjudicators

25. Rules concerning conduct of appeals before adjudicator

Chapter 2

Review of decisions of Minister

26. Jurisdiction to review decisions of Minister

27. Procedure for appeal of screening decisions

28. Oral hearing

29. Decision of adjudicator

Chapter 3

Exceptional provisions regarding sensitive material and evidence

30. Treatment of certain material of relevance to security or public order of State in appeal against decision of Minister

31. Appeals to be held otherwise than in public

32. Confidentiality of proceedings

33. Designation of legal representatives in respect of certain matters

Chapter 4

Appeal against decision of adjudicator

34. Appeal against decision of adjudicator

35. Application to suspend effect of screening decision

36. Treatment of evidence in relation to appeals against decision of adjudicator

37. Hearing of matters otherwise than in public

38. Proceedings before court other than High Court

PART 4

The Advisory Panel

39. Establishment and function of advisory panel

40. Appointment to advisory panel

41. Meetings of advisory panel

42. Consultants and advisers


Acts Referred to

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)

Civil Service Regulation Acts 1956 to 2005

Companies Act 2014 (No. 38)

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (No. 4)

Ethics in Public Office Act 1995 (No. 22)

Ethics in Public Office Acts 1995 and 2001

European Parliament Elections Act 1997 (No. 2)

Interpretation Act 2005 (No. 23)

Legal Services Regulation Act 2015 (No. 65)

Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c.93)

Solicitor’s Act 1954 (No. 36)

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Number 28 of 2023


SCREENING OF THIRD COUNTRY TRANSACTIONS ACT 2023


An Act to provide for a process to allow for certain transactions that may present risks to the security or public order of the State to be reviewed by the Minister for Enterprise, Trade and Employment; to empower the Minister to require the provision of information from certain persons for reviewing, and to make decisions and take certain actions in relation to, transactions that present risks to the security or public order of the State; to provide for a process for appealing certain decisions of the Minister with due regard to the potentially sensitive nature of the subject matter of the appeal, and for those purposes to establish a panel of persons to deal with appeals against certain decisions of the Minister under this Act; to establish a panel of persons to advise the Minister in relation to certain transactions; to give further effect to Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 20191 establishing a framework for the screening of foreign direct investments into the Union; and to provide for related matters.

[31st October, 2023]

Be it enacted by the Oireachtas as follows:

1 OJ No. L 79I, 21.3.2019, p. 1