Screening of Third Country Transactions Act 2023
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Considerations when reviewing transactions | ||
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13. (1) The Minister shall, when reviewing a transaction under this Act, consider whether or not the transaction affects, or would be likely to affect, the security or public order of the State. | ||
(2) In considering whether or not a transaction affects, or would be likely to affect, the security or public order of the State, the Minister shall have regard to the following: | ||
(a) whether or not a party to the transaction is controlled (whether through ownership structures or by other funding) by a government (which reference to government shall include, for the purposes of this paragraph, the state bodies or armed forces of the third country concerned) of a third country and, where relevant, the extent to which such control is inconsistent with the policies and objectives of the State; | ||
(b) the extent to which a party to the transaction is, at the time the transaction is being reviewed, already involved in activities relevant to the security or public order of the State; | ||
(c) whether or not a party to the transaction has previously taken actions affecting the security or public order of the State; | ||
(d) whether or not there is a serious risk of a party to the transaction engaging in illegal or criminal activities; | ||
(e) whether or not the transaction presents, or is likely to present, a person with an opportunity to— | ||
(i) undertake actions that are disruptive or destructive to persons in the State, or to enhance the impact of any such action, | ||
(ii) improve the person’s access to sensitive undertakings, assets, people or data in the State, or | ||
(iii) undertake espionage affecting or relevant to the interests of the State; | ||
(f) whether or not the transaction is likely to have a negative impact in the State on the stability, reliability, continuity or safety of one or more of the matters referred to in points (a) to (e) of Article 4(1) of the Regulation; | ||
(g) whether or not the transaction would result in persons acquiring access to information, data, systems, technologies or assets that are of general importance to the security or public order of the State; | ||
(h) where applicable, comments of Member States and the opinion of the European Commission referred to in Article 6(9) of the Regulation; | ||
(i) the extent to which the transaction affects, or would be likely to affect, the security or public order of a Member State other than the State or of the European Union; | ||
(j) the extent to which the transaction affects, or would be likely to affect, projects or programmes of Union interest within the meaning of Article 8 of the Regulation. | ||
(3) In considering whether or not a transaction affects, or would be likely to affect, the security or public order of the State under this section, the Minister— | ||
(a) shall consult the advisory panel, or such members of the advisory panel as the Minister considers appropriate, in relation to the transaction, | ||
(b) shall consider the information, if any, provided under section 10 (1) in relation to the transaction, | ||
(c) shall consider the written submissions, if any, made by the parties to the transaction under section 21 , | ||
(d) shall consult such other Minister of the Government, if any, as the Minister considers appropriate having regard to the functions of that Minister, | ||
(e) may consult any other person the Minister considers appropriate, and | ||
(f) may enter into discussions with the parties to the transaction, or with any other person, with a view to identifying measures that would ameliorate any effects of the transaction on the security or public order of the State. |