22nd August 2024
Dara Calleary TD, Minister of State for Trade Promotion, Digital and Company Regulation has today commenced the Control of Exports Act 2023.
This critical piece of legislation was designed to modernise and strengthen Ireland’s export control framework. The Act replaces the Control of Exports Act 2008 and associated regulations, ensuring that Ireland is fully equipped to meet its EU and international commitments.
Updating the Act provides the necessary tools to control the exports of dual-use and military goods contributing to prevention of the proliferation of weapons of mass destruction, to preserve regional stability, to prevent terrorism and to protect human rights. The department is committed to working closely with exporters to support them and ensure a smooth transition to the new regulatory framework.
To further streamline the application process for exporters, a new IT system EAS will also commence today, 22 August.
For more information, please contact: Trade Regulation and Investment Screening Unit, exportcontrol@enterprise.gov.ie.
Notes for Editors
Background – Control of Exports Act
The Minister for Enterprise, Trade and Employment is the National Competent Authority for Export Controls in respect of ‘dual-use’ and military items in Ireland. The legal basis for the Minister’s powers and responsibilities in respect of export controls is provided by a complex legal framework spanning EU Regulations, EU Directives, Council Common Positions, the Control of Exports Act 2008, and several statutory instruments.
The current framework is based around the Control of Exports Act 2008. The Bill was initiated in the Dáil by Minister of State Dara Calleary and completed its passage through the Houses of the Oireachtas on Wednesday, 18 October 2023. President Higgins signed the Bill into law on 26 October 2023.
Export controls
Export controls are a multi-lateral, global mechanism that contribute to international peace and security. The primary purpose of export controls is to prevent the proliferation of weapons, both conventional weapons and weapons of mass destruction (WMD). The controls also play a secondary role in protecting human rights and international humanitarian law.
In particular, the controls apply to cyber-surveillance items exported from the customs territory of the Union that might be misused by persons complicit in, or responsible for, directing or committing serious violations of human rights or international humanitarian law.
Controls usually take the form of a legal obligation on exporters to obtain prior authorisation to export designated items to third countries. Controls seek to balance the pursuit of free trade and the functioning of open markets with maintaining international stability and security.
An effective system of export controls on dual-use and military items is necessary to ensure that Ireland meets EU and International obligations and responsibilities in this space.
The legislative framework for export controls in Ireland is established by both national and EU instruments. To support this legislative framework, lists of dual-use items, military/strategic items are essential. Itemised lists for both categories stem from the EU.
Dual-use controls
‘Dual-use’ items are products and components, including software and technology, that can be used for both civil and military applications. The list of ‘dual-use’ items subject to export control is set out in Annex 1 to Regulation (EU) 2021/821. Assessment criteria for applications for dual-use export authorisation are set out in Article 15 of the Regulation.
The regulation has direct effect in member states. However, member states are obliged to establish in national legislation effective, proportionate and dissuasive penalties applicable in the event of infringements of the provisions of the regulation.
The majority of ‘dual-use’ exports from Ireland are mainstream business ICT products, both hardware and software, (networking, data storage, cybersecurity and so on). They are categorised as ‘dual-use’ items as they make use of strong encryption for data protection purposes.
Military controls
The EU Common Position sets out a detailed list of military items which should be subject to prior authorisation.
Military export controls are a national competence, and the Common Position does not have direct legal effect in member states. These provisions must be given effect by means of national primary legislation. The Common Position sets out eight criteria against which authorisation applications should be assessed.
Military exports from Ireland are predominantly ICT components and mechanical devices of military standard.
Military export controls overlap with dual-use export controls in several ways. It is vital that dual-use and military items are closely coordinated and that there is a common policy framework in place to ensure consistency and transparency.
ENDS
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