Industrial Policy & Trade Monitor· 2663 actions· ✨ 89 recent

Ireland's Screening of Third Country Transactions Act 2023 (Act No. 28 of 2023), signed into law on 31 October 2023 and commenced on 6 January 2025 via S.I. No. 651 of 2024, establishes Ireland's first-ever mandatory inbound FDI screening regime. The Act empowers the Minister for Enterprise, Tourism and Employment to assess, condition, or prohibit transactions by third-country investors (non-EU/EEA/Switzerland) exceeding a EUR 2 million cumulative threshold in targets operating across critical infrastructure, critical technologies, dual-use items, supply of critical inputs, sensitive personal data, and media freedom. A 90-day standstill period applies during Ministerial determination, with criminal sanctions and transaction-voiding powers available for non-compliance.

Decree-Law No. 104 of 10 August 2023 ("Decreto Asset" / Omnibus Decree, GU n.186 of 10 Aug 2023, in force 11 Aug 2023) was converted with amendments into Law No. 136 of 9 October 2023 (GU n.236 of 9 Oct 2023). The conversion law materially expanded Italy's "Golden Power" foreign-direct-investment screening regime (DL 21/2012). Two key extensions: (i) intra-group transactions involving entities outside the EU are no longer exempt from the exercise of special powers — only the prior notification carve-out was preserved; (ii) acts, resolutions and operations concerning intellectual-property rights in artificial intelligence, semiconductor production, cybersecurity, aerospace, energy storage, quantum and nuclear technologies, and food production technologies fall within scope when one or more counter-parties sit outside the EU. The Prime Minister also obtained an explicit veto power over transactions creating "exceptional situations" not already covered by sectoral or EU prudential / merger rules, including those touching qualifying holdings in the financial sector.

Bureau of Industry and Security final rule (88 FR 46071, Doc 2023-15343) adding four entities to the Entity List effective July 18, 2023. Intellexa S.A. (Greece) and Intellexa Limited (Ireland) — the corporate architecture behind the "Predator" commercial spyware platform — and Cytrox Holdings Zrt. (Hungary) and Cytrox AD (North Macedonia) — the developer of the underlying spyware technology — were listed for "trafficking in cyber exploits used to gain access to information systems, thereby threatening the privacy and security of individuals and organizations worldwide." All items subject to the EAR require a license with a presumption-of-denial review policy for all four entities, effectively cutting off access to US-origin hardware, software, and technology.

Luxembourg's Chambre des Députés adopted the first-ever national FDI-screening statute on 14 July 2023 (promulgated by the Grand Duke and published in Mémorial A n° 411 on 18 July 2023), entering into force 1 September 2023. The law requires non-EU investors to notify the Ministre de l'Économie before completing direct or indirect acquisitions of ≥25% voting rights / equity in Luxembourg entities engaged in "critical activities" across twelve sectors. The Minister can approve, conditionally approve, or prohibit transactions within a two-month initial screening window, with a further 60-day deep-review phase available; an inter-ministerial Comité de filtrage (Economy + Foreign Affairs + Finance + SREL intelligence service) advises on security and public-order grounds consistent with EU Regulation 2019/452.