EU / Canada Free Trade Agreement (CETA) Exploring the opportunities between Canada and Ireland. Introducing Eversheds Sutherland Ireland

Transcription

1 Exploring the opportunities between Canada and Ireland Introducing Eversheds Sutherland Ireland

2 Ireland at a glance 9 of 9 of 13 9 the top 10 global software companies the world s top 10 pharmaceutical companies 10 of the world s top 15 med tech companies 15 of the top 10 global ICT companies of the world s top 25 financial services companies of the world s top 10 Born on the internet companies

3 Welcome By reducing trade barriers and customs costs, the Comprehensive and Economic Trade Agreement between Canada and the EU (CETA) will make it easier for both Canadian and European businesses to expand their existing operations within the respective EU and Canadian markets. Alan Murphy Managing Partner T: Sean Ryan Partner, Head of International Trade Group T: M: Prior to CETA, only approx. 25% of EU tariff lines on Canadian goods were duty free. As a result of CETA the EU will now remove tariffs on approx. 98% of its tariff lines, opening up new opportunities for Canadian businesses within the world s second largest market. For EU businesses, CETA will remove approx. 99% of the duties that European companies pay at Canadian customs. As the name suggests, CETA is comprehensive covering not only goods, but also a whole range of other areas including, most notably, services and investment. Canadian and European businesses will have more opportunities than ever before to provide services within the respective markets, including telecoms and finance. In the wake of BREXIT, CETA also provides opportunities for Canadian businesses, as Ireland and other EU member states look to secure alternative sources of supply from countries that have the certainty of a trade agreement already in place, and opportunities for EU businesses looking to alternative export markets. In this short guide we set out what CETA is and the opportunities which exist for closer cooperation between Ireland and Canada. We also provide some useful information on Ireland as a business location, along with its significant advantages when compared to other European jurisdictions. If we can be of any assistance to you or your clients then please contact Sean who heads up our International Trade Group and who will work on your behalf across the wider firm. We look forward to working with you on the opportunities that CETA will no doubt bring. Alan Murphy Managing Partner 1

4 The Comprehensive Economic and Trade Agreement explained On 15 February 2017, the European Parliament voted in favour of the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada, thereby concluding the ratification process of CETA at EU level. While CETA still has to be approved by the EU national parliaments before it comes fully into force, the European Parliament s approval paved the way for CETA s provisional entry into force on 21 September Unlocking markets Public contracts / public procurement Labour mobility Protection of Intellectual Property Rights What is CETA? Investment Trade remedies Competition policy 2

5 CETA is an extensive free trade agreement between Canada and the EU. Its 30 chapters cover virtually all aspects of EU-Canada trade from tariffs to products standards, rules of origin, investment, recognition of professional qualifications, intellectual property rights and other areas including trade remedies and dispute settlement procedures. The provisional application of CETA came into effect on 21 September Provisional application means that over 90% of CETA s provisions will begin taking effect from that date, with the exceptions being: investment protection, investment market access for portfolio investment, the Investment Court System and an article on camcording (copyright). What is CETA? CETA is an extensive free trade agreement between Canada and the EU. Its 30 chapters cover virtually all aspects of EU-Canada trade from tariffs to products standards, rules of origin, investment, recognition of professional qualifications, intellectual property rights and other areas including trade remedies and dispute settlement procedures. It took almost 8 years to negotiate and finalize, and is Canada s largest bilateral initiative since the North Atlantic Free Trade Agreement. Unlocking markets The agreement will unlock markets for Canadian and EU businesses by eliminating 99% of all duties (taxes) that businesses have to pay at EU / Canadian customs. For EU and Canadian businesses, the elimination of duties will allow for better competitive market access terms. As a result, EU and Canadian businesses will be able to compete on a level playing field. Public contracts / public procurement EU businesses will now be able to bid to provide goods and services at federal, provincial and municipal level the first non-canadian businesses to be able to do so. Canadian public tenders will also be posted on a single procurement website. Equally, Canadian businesses will be able to bid to provide goods and services to all levels of EU government, including governments of EU member states. CETA, however, only applies to high-value procurement contracts and is subject to certain exceptions. Labour mobility Temporary entry provisions will now make it easier for EU/Canadian workers to enter Canada / the EU to do business, by setting out the types of professionals and sectors covered, the maximum length of stay and rights of equal treatment. Protection of Intellectual Property Rights CETA promotes effective protection for EU and Canadian intellectual property rights holders through enforcement measures and cooperation between Canada and the EU. In this regard, CETA complements rights and obligations under the World Trade Organisation Agreement on Trade-Related Aspects of Intellectual Property Rights, to which Canada and the EU are party. Investment A specific chapter has been included on investment that is designed to give investors greater certainty and protection for their investments, and to facilitate access for Canadian and EU investors to each respective market. Trade remedies Trade remedies are used by countries to protect their industries from unfair trading practices. The three types of trade remedies are: (i) anti-dumping: where duties are imposed on goods that are sold to importers at a lower price than the price for the goods on the exporters home market; (ii) countervailing: where duties are imposed to protect domestic producers from subsidy aided foreign exports; and (iii) safeguards: where temporary duties are applied if there is a sudden increase of imports within a specific sector. The trade remedies chapter of CETA mainly reaffirms the rights and obligations of Canada and the EU with respect to World Trade Organisation trade remedy agreements. Competition policy CETA also provides a framework to ensure that Canada and the EU have in place a fair enforcement regime to counter anti-competitive practices, including cartels, anti-competitive mergers and/or abuses by dominant companies. 3

6 Opening up opportunities in public procurement CETA grants Irish suppliers access to the Canadian procurement market and vice versa. Chapter 19 of CETA governs public procurement and sets out nineteen articles to be applied when carrying out public procurement. There are two appendices that separately set out the Canadian government procurement market access offering to the EU and the EU s offering to Canada. CETA sets down four central principles to be applied to public procurement, namely; non-discrimination, transparency, impartiality and accountability. Opportunities for Irish companies in Canada Currently there is in excess of 600 Irish companies exporting to Canada, with exports amounting to 1.3 billion in Irish companies have a presence in financial services, fintech, education, software, digital media, engineering and food. The Irish Exporters Association anticipate a 25% increase in their Canadian trade as a result of CETA. Services make up 75% of Europe s economy, with many Irish companies as leaders in their service industries. CETA offers such companies new opportunities to extend their offering in areas including telecoms, engineering and environmental services, among many others. One of the key aspects of CETA is that Irish exporters will now have access to federal, provincial and municipal procurement contracts. EU companies will be the first non-canadian companies permitted to bid to provide goods and services at municipal level. Canada s federal government, provinces and municipalities buy goods and services worth over 30 billion from private companies. It is notable that Canada s provincial procurement market is double the size of its federal market. With Irish companies in a position to bid to supply these goods and services, the number of Irish companies partaking in Canadian markets is set to accelerate. And with Canada investing significantly in the building and upgrading of road networks and other infrastructure, this represents a genuine opportunity for highly competitive Irish companies to bid for tenders. Canada will have, for the first time, a single electronic point of access for contract notices. This transparency will provide a platform for both existing and new Irish companies to secure such contracts. Most importantly, CETA enables companies to compete with domestic companies on a level playing field. Public procurement opportunities in Ireland The total annual public procurement expenditure in Ireland is in the region of 15.5 billion, with the State spending approximately 8.5 billion of this sum on goods and services annually. The Office of Government Procurement (the OGP ) has responsibility for sourcing goods and services on behalf of the public service. In addition, the OGP also has responsibility for procurement policy and procedures for the entire Public Sector. Other procuring bodies include Transport Infrastructure Ireland and the National Development Finance Agency. is the Irish Government online portal for the advertising of all procurement opportunities in Ireland that are being advertised in the Official Journal of the European Union, as well as other lowervalue contracts. Infrastructure and Capital Investment Plan In terms of infrastructure, continued strong economic and fiscal performance has seen substantial increases in resources for capital investment in Ireland. The need for increased public capital investment has also been recognised as increasingly important in light of the challenges presented by BREXIT for Ireland s economy and society. The Irish Government published an Infrastructure and Capital Investment Plan (the Capital Plan ) for , which was reviewed in August This presents its vision for 48 billion in infrastructure investment over this period. The Capital Plan combines direct investment by the Department of Finance, Public Private Partnership investments and State-owned sector investment. The Government has also recently committed to unveiling a 10 year capital investment plan (to replace 4

7 and supplement the 2016 plan) by the end of 2017, comprising infrastructure projects with total funding in the region of 80 billion. The largest single project will be the new 16.5km metro link in Dublin (city centre to airport) which is planned to be operational by 2026/27. Another key project is the addition of the second electricity interconnector between the Republic of Ireland and Northern Ireland. Having regard to the Book of Estimates and the Capital Plan, the total value of expenditure to be procured will rise to at least 17 billion per annum. Much of this investment will be in transport-related projects, including water and wastewater, energy and social infrastructure. Public procurement opportunities in Europe Public procurement accounts for between 16% and 18% of gross domestic product in Europe, with over 250,000 public authorities purchasing services, works and supplies. In many sectors such as energy, transport, waste management, social protection and the provision of health or education services, public authorities are the principal buyers. The market is constantly evolving, which is reflected in the results on the recent analysis of the Tenders Electronic Daily website ( TED ). TED is dedicated to European public procurement and sets out information on public procurement contracts above certain minimum thresholds. Almost all EU Member States have increased their total government expenditure on works, goods and services, amounting to a 7% increase of procurement expenditure to reach a total of billion per annum. CETA will expand the opportunities open to Canadian firms to supply goods and services to the three main EU-level institutions (the EU Commission, Parliament and Council), the 28 EU Member States and thousands of regional and local government entities within the EU. What are the applicable thresholds for application of CETA? The public procurement provisions of CETA concern only contracts above a certain value or threshold, as follows: Contracting body Goods contracts Service contracts Works contracts Central government authorities 162,000 or C$236, ,000 or C$236,000 6,200,000 or C$9,062,000 Sub-central entities (regional and local entities, and bodies governed by public law) 248,000 or C$363, ,000 or C$363,000 6,200,000 or C$9,062,000 How CETA promotes four central procurement principles In promoting the four central procurement principles of non-discrimination, transparency, impartiality and accountability, CETA provides that procurement procedures governed by CETA must, amongst other matters: be carried out so that parties are treated no less favourably than a local established supplier be conducted in a transparent and impartial manner that avoids conflicts of interest and prevents corrupt practices include a contract notice that is directly accessible by suppliers by electronic means, free of charge through a single point of access (certain contracting authorities have 5 years to fully comply with this requirement) include certain minimum information in contract notices comply with minimum time periods that are the same for all interested or participating suppliers limit any conditions for participation to those that are essential to ensure that a supplier has the legal and financial capacities and the commercial and technical abilities to undertake the relevant procurement not include or prescribe technical specifications or conformity assessment procedures with the purpose or effect of creating unnecessary obstacles to international trade be awarded based solely on the evaluation criteria specified in the contract notice and tender documentation, on either the most advantageous tender or if price is the sole criterion, the lowest price provide for timely, effective, transparent and nondiscriminatory review procedures to allow a supplier to challenge a procurement procedure that is in breach of CETA requirements, including interim measures that may result in the suspension of a procurement process 5

8 Ireland as a European gateway jurisdiction for Canada Ireland offers significant opportunities as a gateway into the European market for Canadian investors and for multinational companies looking to invest into Canada. Ireland ranks among the top five countries for foreign investment by Canadian firms, with five of the major Canadian banks already having a presence in Ireland. Since joining the European Union in 1973, Ireland has developed a small, open, pro-business economy which is seen as an excellent gateway into the European market. Typically, multinational companies looking to take advantage of of Ireland s low 12.5% corporation tax rate will establish an Irish incorporated limited liability company as a trading platform for the European / EMEA area. Then providing that the Irish company has a sufficient level of substance and activity, it will benefit from Ireland s 12.5% corporation tax rate on its trading profits. In addition to this low headline corporation tax rate, Ireland offers a competitive physical, regulatory and commercial framework within which to do business. Ireland is an English-speaking, EU and Eurozone member with a common law based system of law. Ireland s EU membership offers the benefit of free movement of goods, people and capital within the EU area to companies established in Ireland. Membership of the Eurozone means that foreign exchange issues can be managed from a single location for a large section of the European market. All of these factors leave Ireland ideally placed to provide a low corporation tax rate profit centre for the European / EMEA operations of multinational companies. A recent survey carried out by the Economist Intelligence Unit confirms that Ireland s most important competitive advantages are access to EU markets, a competitive corporate tax infrastructure, a uniquely talented workforce and a stable regulatory framework that supports business. The benefits provided for by the Double Taxation Treaty ( DTT ) between Ireland and Canada has been extended by the Provisional Application of CETA with effect from 21 September CETA presents important business opportunities for Canadian and EU businesses. Some of the main benefits are: the elimination of tariffs for trade in goods; the creation of new market access opportunities in services and investment; and the introduction of mutual recognition of qualifications in regulated professions. For these reasons, together with Ireland s credentials as a holding company location, Ireland is emerging as an interesting alternative to other gateway jurisdictions for investment from Canada into Europe and for investment into Canada. Outbound Ireland as a gateway to Europe for Canadian companies One of the primary tax benefits of doing business in Ireland is Ireland s standard corporation tax rate of 12.5%. This low rate applies to all trading income (broadly equivalent to active income). Non-trading income (broadly equivalent to passive income) is generally taxable at 25%. In addition, no Irish capital gains tax applies on the sale by a Canadian resident parent company of shares in an Irish resident company, provided that the Irish company does not derive more than 50% of its value from Irish real estate. Coupled with the broad Irish domestic 6

9 exemptions from withholding tax on dividends and payments of interest and royalties (see below for further detail), the net result is that a Canadian parent company should not suffer any additional tax leakage on its overseas investment at the Irish intermediate holding company level. The Canadian investor can also benefit, through the use of an Irish holding company, from the broad range of holding company benefits (including IP benefits) offered by Ireland: Ireland has no specific thin capitalization rules. This means there is generally no restriction on wholly debt-funded Irish holding companies. Ireland has no controlled foreign company rules. A tax deduction for funding costs is available to Irish holding companies for externally sourced, and certain internally sourced, debt capital. Any excess deduction can be used to offset other taxable profits of the holding company. Ireland has a wide tax treaty network, which gives it a significant advantage over other low tax jurisdictions. Currently, 73 tax treaties have been signed (with negotiations on-going for additional treaties). Ireland has broad domestic exemptions from Irish withholding taxes on payments of dividends, interest and royalties to persons resident in tax treaty partner countries (and additionally, in the case of dividend payments, to companies controlled by persons resident in tax treaty partner countries). Pursuant to these exemptions, dividends and payments of interest and royalties made in the course of the Irish company s trade or business to a Canadian parent company, should be exempt from Irish withholding taxes without requiring clearance under the DTA. Ireland allows for the onshore pooling of excess foreign tax credits on foreign dividends. The excess credits can be off-set against any Irish tax due on other foreign dividends. From an IP holding company perspective, Ireland offers substantial tax incentives to encourage and foster the growth of IP rights, including incentives for both the purchase and internal development of IP by Irish companies: A tax deduction is available in respect of capital expenditure incurred on most forms of IP. The deduction can be taken in line with the accounting depreciation on the IP or alternatively, over a maximum 15 year period, whichever is the lesser. The tax deduction can be used to achieve an effective tax rate of 2.5% on profits from exploitation of the IP purchased. Provided the IP is held for five years, a subsequent disposal of the IP will not result in a clawback. Ireland offers a 25% corporation tax credit to companies within the charge to Irish tax, which carry out qualifying research and development ( R&D ) expenditure. Where the credit is not exhausted by the offset against a company s corporation tax liability, a company may, within limits, reclaim the excess tax credit in instalments from the Irish tax authorities. The credit may also, within certain limits, be surrendered by a company to key R&D employees to reduce their income tax liability. Ireland has recently introduced a Knowledge Development Box ( KDB ) regime in respect of profits derived from qualifying assets created from applicable R&D activity carried out by an Irish company in Ireland and the EU. The KDB offers a tax rate of 6.25% on income derived from qualifying assets, which includes patents and copyright, which are the result of R&D activities. Irish tax law exempts the sale, transfer or other dispositions of IP from stamp duty, with a broad definition of IP also applying for the purposes of this exemption. No other transfer taxes would apply on the sale of IP. Royalties paid by Irish resident companies are exempt from Irish withholding tax once the recipient is a company resident in the EU or a tax treaty company. Providing that certain conditions are met, royalties paid in respect of foreign patents (regardless of where the recipient is resident) will not be subject to Irish withholding tax. In addition, tax relief is available for certain executives working in the EU / EEA or a country with which Ireland has a tax treaty, or a country with which Ireland has a tax information exchange agreement, who are seconded to work in Ireland for up to 5 years. Broadly speaking, the relief exempts 30% of the executive s earnings from Irish tax. Ireland also operates the Foreign Earnings Deduction ( FED ) for Irish residents who are referred to work in certain countries. A maximum annual deduction of 35,000 may be claimed for employees spending at least 40 days abroad during a 12-month period, where the trips are for 3 days or more. Inbound Ireland as a gateway to Canada for international companies Irish companies can also be used as a gateway for European and international companies seeking to invest in Canada. From a business organisation perspective, this may be attractive to many multinational companies which already have a substantial presence in Ireland. In respect of European companies CETA, is the first EU trade agreement that offers benefits to EU companies investing outside the EU. One of the key benefits is the removal of 99% of the duties payable at Canadian customs. The same applies to Canadian businesses exporting to the EU. 7

10 CETA will make it easier for European firms to invest 1 in Canada as it: removes barriers for EU firms wanting to invest in Canada; ensures all European investors in Canada are treated equally and fairly; and improves the investment climate and offers more certainty to investors by not discriminating between domestic and foreign investors and not imposing new restrictions on foreign shareholdings. In respect of international companies, there are two main advantages of using an Irish holding company to invest into Canada. Firstly, Canadian dividends may be paid to the Irish company with a low level of Canadian dividend withholding tax and, usually, with no Irish tax payable. Secondly, profits arising from the disposal of a Canadian subsidiary can be exempt from both Canadian tax (provided the subsidiary does not derive its value from Canadian real estate) and Irish tax. Dividends paid by Canadian subsidiaries to Irish holding companies benefit from a low rate of taxation: Pursuant to the DTA, the rate of Canadian withholding tax is only 5%, once the Irish holding company has at least a 10% voting power in the Canadian subsidiary. The Irish company is only subject to 12.5% Irish corporation tax on Canadian dividends paid out of trading (active) profits and Canadian tax (both withholding tax and underlying tax may generally be credited against this liability). Usually, this is sufficient to ensure that no additional Irish tax is actually payable on Canadian dividends to Ireland. Profits or gains arising on any disposal of Canadian subsidiaries by the Irish company may be exempt from both Canadian and Irish taxation: No Canadian capital gains tax applies on the sale of Canadian shares by Irish companies, other than where the shares derive their value from Canadian real estate. Importantly, there is no minimum shareholding requirement in order to claim this benefit (in contrast to many other holding company jurisdictions). No Irish capital gains tax applies on the sale of Canadian shares by an Irish holding company where, broadly, a 5% shareholding is maintained for a minimum 12 month period and the group, as a whole, carries on a trade. 1 Some investment provisions have not yet been applied. To obtain the benefits of the DTA, the Irish company must ensure that it meets the DTA s residence of a Contracting State and beneficial ownership tests. From a Canadian perspective, the Irish company must be treated as a resident of Ireland and as a beneficial owner of the shares in the Canadian subsidiary. In addition to these significant treaty benefits, the Irish company would be able to benefit from many of the tax advantages set out in the previous section on Ireland as a gateway to Europe for Canadian companies. Additional Irish structures Ireland is not just a favourable jurisdiction for trading and holding company structures. Ireland also offers other interesting investment opportunities particularly in the areas of investment funds, aircraft leasing and securitization transactions. Investment funds Ireland is widely recognised as one of the world s most advantageous jurisdictions in which to establish investment funds, providing a very favourable taxation environment: a corporate tax rate of 12.5%; no Irish taxes on income or gains made by non-irish resident / ordinarily resident investors; no stamp duty on fund units; no annual subscription tax for funds; and no fund tax. Importantly, the EU framework for investment funds permits certain investment funds established in Ireland to be granted an EU passport enabling its units or shares to be marketed and sold in all other EU Member States. The Irish Stock Exchange is widely regarded as one of the leading exchanges in the world for the listing of investment funds. Ireland s position as a leading funds domicile is demonstrated by the fact that: Almost 900 fund promoters from over 50 countries use Ireland to distribute UCITS and other funds to over 70 countries across the globe. 56% of European ETFs and more than 40% of global hedge funds are domiciled in Ireland. 40% of the world s alternative investments funds are administered in Ireland. Ireland has the largest number of stock exchange listed investment funds in the world. Almost 5 billion assets are administered in Ireland. Aircraft leasing Ireland has become an increasingly popular jurisdiction for the establishment of companies which engage in the acquisition and leasing of aircraft. Ireland s low tax environment and extensive double tax treaty network contributes to its popularity. Ireland does not impose withholding tax on lease rental payments. In addition, lease rental payments to an Irish company can often be made by the lessee to the Irish holding company with a reduced or zero rate of withholding tax, due to Ireland s tax treaty network. 8

11 Ireland s aircraft leasing offering is further enhanced by its favourable capital allowances (tax depreciation) regime for capital expenditure incurred on the aircraft acquisition (including renewal, improvement and reinstatement expenditure) which allows for the expenditure to be written off for tax purposes over a period of eight years (subject to a partial clawback on a subsequent disposal of the asset). Ireland s position as a leading aircraft leasing jurisdiction is underlined by the fact that: Between 83 billion and 113 billion of aircraft assets are under management in Ireland. 9 of the top 10 aircraft lessors have operations in Ireland. Half of the world s leased fleet of commercial aircraft are leased or managed through Ireland. Securitization transactions In recent years, Ireland has become the jurisdiction of choice for the establishment of special purpose vehicles ( SPVs ) for a broad range of structured finance transactions. Due to favourable tax rules, it is possible to ensure that there is no tax leakage at the level of the Irish SPV so that the entire profit on the investment may be returned to the investors. As noted above, broad domestic exemptions from withholding taxes are available so that the investors return is not subject to tax in Ireland. In addition to these tax advantages, Ireland has a highly regarded regulatory regime and has consistently introduced and refined its legislation dealing with structured finance transactions making Ireland a key jurisdiction for the location of structured finance SPVs. Conclusion Ireland is a first-choice low tax platform. A large number of multinational groups have already based significant operations in Ireland because of Ireland s key benefits. In the context of increased scrutiny of tax haven jurisdictions, Ireland, as an onshore EU jurisdiction, with the necessary infrastructure to support profit-generating activities, is ideally placed to provide a gateway option into the European market for Canadian investors and for multinational companies looking to invest into Canada. In addition, Ireland is a first choice jurisdiction for other investment structures including investment funds, aircraft leasing and securitization transactions. 9

12 Ireland a place that s good for business A 12.5% corporate tax rate for domestic and foreign firms The quality, flexibility and skills of an English-speaking work force A cooperative labour relations system Political stability Access to an EU pool of 480 million people without the need for visas or work permits Pro-business government policies A transparent judicial system Strong intellectual property protection Track record of success for global companies 40% of the population is under 29 and Ireland is one of the most educated workforces in the world Many factors make Ireland an outstanding choice for any international company looking for a base in Europe. The Irish economy is strong, having recovered from the financial crisis, and completed five years of economic growth at the end of 2016, with growth in consumer spending, tax revenue, building and construction and expansion, in both manufacturing and services sectors. Ireland is firmly inside the EU and will remain so. This makes Ireland an excellent proposition for any business looking for the certainty and stability that continued EU membership brings. The country has a young, well-educated and skilled work force. 40% of the population of approx 4.76 million, is aged under 29 and Ireland also has one of the most educated workforces in the world, with just over half of year olds having a third level qualification (source: OECD). Ireland is regarded as one of the best places in the world to do business, with Forbes Best Countries for Business, ranking Ireland in 4th place, the highest ranking for an English speaking EU member state. With a pool of skilled management talent: the IMD World Competitiveness Key rankings for 2016 ranked Ireland first for the availability of senior management. 10

13 The IMD World Competitiveness Yearbook, which benchmarks the performance of 60 countries across a number of key areas for Foreign Direct Investment, ranked Ireland 1st in 2016: st for flexibility and adaptability of workforce 1st for investment incentives 1st for attractiveness of investment incentives 1st for national culture open to foreign ideas 1st for direct investment flows abroad (%) Source: IMD World Competitiveness Yearbook

14 Introducing Eversheds Sutherland Ireland Eversheds Sutherland Ireland has over 250 staff in Ireland in total, including 32 partners. There are two offices on the island of Ireland, Dublin and Belfast, with Dublin being the larger of the two. The Belfast office, in the separate jurisdiction of Northern Ireland which is part of the United Kingdom, was established to service clients who required all-ireland services. Eversheds Sutherland Ireland is the only full service international law firm in Ireland. We are organized across four departments: Corporate and Commercial, Banking and Financial Services, Dispute Resolution and Litigation; and Real Estate. We are proud of our superb client-focused teams and their achievements, which have seen Eversheds Sutherland Ireland being recognized independently recently, with the following awards: Law Firm of the Year at the InBusiness Recognition Awards 2016 Corporate Law Firm of the Year 2016 at the inaugural Business and Finance Business2Business Awards We also won Law Firm of the Year 2015, International Law Firm of Year and Alternative Dispute Resolution Team of the Year at the Irish Law Awards. There are many lawyers who impress there they just roll up their sleeves and go above and beyond the call of duty. They are superb. Chambers Europe 2016 We enjoy a good relationship with the firm, as the service is very solution focused, commercial and practical. It feels like a partnership. Chambers Europe

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16 Legal expertise Outlined below is a full list of the legal and sector specialisms available in Eversheds Sutherland Ireland: Arbitration and Mediation Banking and Financial Services Commercial Contracts Commercial Property Development Competition and EU Law Corporate Governance Construction Commercial Contracts Data Protection Development Finance Dispute Resolution Education Employment Energy and Natural Resources Environment and Planning Health and Safety Law Healthcare Insolvency and Restructuring Insurance Intellectual Property International Trade Life Sciences Mergers and Acquisitions Pensions and Employee Benefits Planning and Environmental Project Finance Public Procurement Public and Administrative Law Public Sector Projects Public Private Partnerships Real Estate and Property Service Concessions Social Housing State Aid Syndicated Investments Taxation Technology Telecoms / Regulatory Waste Wealth Management/ Private Client 14

17 An excellent firm, whose proactiveness has been key. The lawyers think outside the box and go beyond the mandate we give them, really trying to think with us and add value. Chambers Europe

18 Meet the Eversheds Sutherland Ireland International Trade Group Sean Ryan Partner, Head of International Trade Group seanryan@eversheds-sutherland.ie Angelyn Rowan Partner, Procurement, Projects & Construction angelynrowan@eversheds-sutherland.ie Alan Connell Partner, Head of Tax alanconnell@eversheds-sutherland.ie Norman Fitzgerald Partner, Head of Litigation and Disputes Resolution normanfitzgerald@eversheds-sutherland.ie Neil O Mahony Partner, Litigation and Disputes Resolution neilomahony@eversheds-sutherland.ie Marie McGinley Partner, Head of Data Protection, Intellectual Property and Technology mariemcginley@eversheds-sutherland.ie 16

19 What the legal directories say Eversheds Sutherland Ireland Chambers Europe 2016 quotes The lawyers just roll up their sleeves and go above and beyond the call of duty. They are superb. Banking The firm has a very can-do attitude. If you run into issues on a transaction the lawyers here make it their problem rather than mine, and they will focus on finding timely solutions. Corporate M&A I wanted someone who could tell me the practical, risk and business elements of the process, and this firm delivered this well. The lawyers applied the law and gave me the position framed in reality. We enjoy a good relationship with the firm, as the service is very solution-focused, commercial and practical. It feels like a partnership. Employment Focused on commerciality and getting you to where you need to be as a client. Capital Markets The team here is proactive, gives clear advice and progresses the case by providing a clear direction to go in. Construction Excellent knowledge, expertise and accessibility of key partners and associates. The team offers strategic advice. Dispute Resolution The firm was responsive, well prepared and got the right answers. The lawyers didn t use tax specific jargon and were easy to talk to. Tax The project finance team is fantastic. Energy and Natural Resources 17

20 The material is provided for general information purposes only and does not purport to cover every aspect of the themes and subject matter discussed, nor is it intended to provide, and does not constitute, legal or any other advice on any particular matter. Full details of all partners of the firm, together with further updates, articles and briefing notes written by lawyers in the firm can be accessed at The information in this document is provided subject to the Legal Terms and Liability Disclaimer contained on the Eversheds Sutherland website. eversheds-sutherland.ie Eversheds Sutherland All rights reserved. EDUB /17