Investment Climate
The Irish Government is actively
promoting American and other foreign investment. Economic policies
are designed to foster acclimate conducive to business and economic
development and to attract foreign investment that will expand employment
opportunities.The primary concern is employment creation in the high
technology and skilled industries and to attract firms that will expand
Irish exports. With a small, open economy based on international trade,
Irish manufacturing and production is aimed at supplying the Western
European and other markets. Ireland's membership in the European Community,
with duty-free entry to the markets of EC and EFTA countries, has
prompted many foreign firms to establish production facilities in
Ireland.
The attraction of Ireland as a European
base of operations can be deduced from the fact that one-third of
all manufacturing employment is accounted for by foreign subsidiaries
in Ireland. The U.S. & Foreign Commercial Service in Dublin
has prepared an & Investment Climate Statement & for American
firms seeking to invest in the Republic of Ireland. The report covers
all topics of interest to potential investors and reviews barriers,
repatriation of funds, and ease of establishment of operations.
Prospective investors should contact the Ireland desk officer for
a copy of this report--(202) 377-5401.
Ireland is seeking ways to use a well-trained
labour force with high productivity to meet competition from its
larger industrialised neighbours and third-world producers. Attracting
foreign capital and modern production techniques is considered an
effective means of stimulating the expansion of industry and the
creation of competitive new enterprises. Business operations may
be assisted by a variety of loans or grants depending on the job
creation potential, degree of local souring, and the export impact
of the investment. The investments most sought after are in research
and development, high technology operations, European-wide services
such as banking and insurance, and manufacturing with a high value-added
process.
The Industrial Development Authority
(IDA) has been established as the key agency to promote industrial
development in Ireland. It is an autonomous state agency which provides
a one-stop source of information and advice on all aspects of setting
up a new business.The IDA can provide U.S. firms with investment
assistance from identifying available sites and utility costs to
obtaining the necessary local permits and sources of supply. As
a result, the administrative burden for the U.S. investor is reduced
to a minimum and the usual lead time and costs to establish an operational
facility is very short.
Investors interested in taking advantage
of government incentives should provide a specific proposal and
can obtain information from the IDA, which has several offices in
the United States. The IDA also represents and works with two other
regional organisations established by the government to promote
investment in Ireland. The IDA has responsibility for facilitating
foreign investment in all regions of the country while the Shannon
Free Airport Development Company has authority for domestic development
in the greater Shannon area, and Udaras Na Gaeltacha has responsibility
for investment and development in the areas where Irish is the predominant
language in the western areas of the country. Each administering
agency performs a screening and approving function for projects
which will require investment assistance for their region. Interested
investors should contact these agencies through an IDA office.
Several factors make Ireland an attractive site for investment:
it has a stable political and social environment, a high standard
of living, and a well-trained and productive labour force. Also,
English is spoken and its people are friendly to Americans; it has
financial stability and a well-developed banking/financial community;
it is close to affluent European markets; and the government is
supportive of business. With the development of the Single Internal
Market Program in 1992 and the changing competitive situation, Ireland
takes on increased importance as a member of the European Community.
The investor in Ireland will appreciate the friendly lifestyle and
environmental quality. The Irish have displayed an open welcome
to Americans as tourists, relatives, or business executives. The
business and legal environment is generally familiar to American
visitors. There is efficient and rapid access to the United Kingdom
and the continent for goods and services. There are no restrictions
on foreign ownership of firms nor any threat of nationalisation.
American investors are provided national treatment in all respects,
including grants and assistance. The government is stable and has
a long-standing policy of attracting business. Irish Customs is
efficient and shipments are cleared with a minimum of delay.
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Investment Incentives
Investment incentives range from non-financial aspects to specific
and detailed tax breaks. These incentives are provided on a case-by-case
basis and should be discussed with the Irish IDA office. Financial
incentives include a reduced tax rate of 10 percent on manufacturing
and certain service industries, tax-free grants to assist in employee
training, accelerated depreciation, low-cost facilities (industrial
estates) that are immediately available for rent or sale, and export-risk
guarantee programs. Funds may be easily repatriated and foreign
executives receive favour able tax treatment.
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U.S. Investment
in Ireland
U.S. direct investment in Ireland at the end
of 1989 was $6.24billion and accounted for nearly half of all foreign
investment. Most U.S. investments are in the chemical, metalworking,
and engineering industries and in other technologically advanced
and export-oriented sectors. There are approximately 340 U.S. companies
in Ireland which are primarily manufacturing for export to the European
market.
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Legislation Governing
Investment
The establishment
of a business enterprise in Ireland does not require specific government
authorisation; a foreign investor has the same rights and obligations
as an Irish firm. For certain business sectors, however, the government
is empowered to screen applications for new investments. As in the
United States, Irish municipal authorities have established various
codes and regulations for the location and construction of industrial
enterprises. Compliance with local zoning and construction regulations
is mandatory. Ireland requires all firms to maintain complete business
accounts and records, with simplified procedures permitted for small
firms. Accounting books must be on the double entry principle. Annual
accounts must be presented at the annual general meeting which must
be held within 6 months of the end of the firm's fiscal year.The
European Community has promulgated a number of business directives
which have been implemented by Ireland in its national law. One
directive applies to limited liability companies and specifies accounting
procedures, audits, and annual report requirements.
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Foreign Exchange
Regulations
Capital and profits of American firms may be repatriated from Ireland
with little restriction on currency exchange for business activities.
Responsibility for exchange control is held by the central Bank
with much of this activity delegated to the commercial banks authorised
for this purpose. The currency is the Irish pound (Ir£) and
is technicaly called the punt. Ireland participates with Belgium,
Denmark, France, Germany, Italy, Luxembourg, and the Netherlands
in the European Monetary System (EMS).
The EMS provides for stable exchange
rates among the participants in order to promote a steady flow of
trade and reduce speculation in exchange rates. Under the EMS agreement,
Ireland maintains a spot exchange rate between the Irish pound and
currencies of the other participants within a stated trading range
(plus or minus 2.25 percent for most currencies) expressed in European
Currency Units (ECUs). Rates for currencies not participating in
the EMS, such as the U.S. dollar or British pound, are established
on the market. (Check the financial pages of the daily newspaper
for foreign exchange rates.)
The forward exchange market is regulated to permit coverage of import
and export of goods and services. Forward exchange is permitted
for a minimum of 21 days to a maximum of 12 months. Non-resident
accounts are designated external accounts, so that amounts in excess
of Ir£163,250,000 require approval by the Central Bank of
Ireland, except for imports of goods or services into Ireland. Prior
permission is required to pay for any imports which are to be delivered
more that 9 months from order date. Exchange control forms must
be used for import payments exceeding Ir£ 50,000. When exporting
from Ireland, the Irish firm must obtain payment within 6 months
of shipment if the value exceeds Ir£ 250. When payment is
received in foreign currency, it must be offered to an authorised
bank for conversion into Irish pounds. Exchange control approval
is required for all transfers of capital to non-residents.
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Entry and Repatriation
of Capital
The Central Bank of Ireland
(CBI) does screen and approve all foreign investment. Remittance
of dividends and profits and the repatriation of capital must also
have prior Central Bank approval but approval is mainly a formality.
Royalty agreements between resident and non-resident companies must
be approved by the central bank. These approvals are routinely granted
and serve more asa monitoring function than as a method of capital
control.
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Foreign Ownership
of Property
Irish laws are very liberal toward trade and industry. There
are no general prohibitions against the acquisition of majority
holdings by foreign interests in Irish companies or against foreign
ownership of either business entities or real property. Moreover,
there are no nationality requirements for directors or shareholders
in Irish commercial entities.
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Types of Business
Organisations
Firms interested in starting a business in Ireland should make detailed
inquiries on the current law and commercial requirements.The business
form most widely employed, and of greatest interest to American
executives, is the private limited company. Other forms of business
organisation will be recognised by an American firm seeking to establish
in Ireland.
Public Limited Company-This is
the main form of incorporation for firms issuing stocks or bonds,
having stockholders, and directors that manage the company. The
company is incorporated under a Memorandum of Association (Articles
of Incorporation), providing the name,share capital, and commercial
objectives. The bylaws state the relationship between the company
and the shareholders. Minimum share capital is IR163,30,000, of
which at least 25 percent must be paid up. Shares must have a par
value, usually IR163,1 00 or less, and there must be seven or more
stockholders. Shares may be issued in several classes such as common
or preferred.The company must have a minimum of two directors that
manage the daily affairs of the firm and who are usually selected
by the shareholders. Annual meetings are required with 21 days advance
notice provided. Disclosure of financial statements and meeting
statutory requirements for reporting are required.
Private Limited Company-The requirements
for formation and reporting of private limited companies are generally
the same as for the public limited companies. This form is the most
popular type of commercial organisation in Ireland and is popular
for the establishment of an Irish subsidiary of a foreign parent.
There must be 2 to 50 shareholders, no debentures or shares being
issued to the general public, and no minimum level of share capital.
Partnership-In Ireland, the partnership
form tends to be used for professional practice, such as attorneys
and accountants. Partnerships are normally formed by a Partnership
Deed setting out the agreement and conditions of the partnership.
A less common form is the limited partnership, which allows one
or more general partners who manage the daily affairs of the business
and one or more limited partners who provide a fixed capital investment
with financial liability limited to the capital investment.
Joint Venture-There are no direct
statutory regulations regulating joint ventures as such. The joint
venture agreement should be carefully constructed to define the
terms, rights, and responsibilities of each party.
Foreign Branch-All foreign incorporated
companies establishing a branch in Ireland fall under the Companies
Acts of 1963 and1986. These regulations require the filing of documents
with the registrar of Companies. If the foreign branch is the equivalent
of a public limited company if incorporated in Ireland, it must
also file annual reports. A branch is not considered a separate
entity from the parent company. It carries the legal status of the
foreign parent and has disclosure and registration requirements.
Sole Proprietor-This is an unincorporated business organisation
owned by one person who receives the profits and incurs the liabilities
personally. If the business name differs from the owner's name,
this information must be registered. Foreign investors may establish
a sole proprietorship in Ireland.
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