Guidance on export authorisations and conditions

9th September 2024  |   Guidelines

This guidance outlines the key requirements in using an export authorisation for dual-use and military items under the Control of Exports Act 2023. It also details the obligations for record-keeping, reporting and compliance with specific conditions.

This guidance aims to explain the high-level responsibilities and procedures associated with export authorisations. For any further information or specific queries, please refer to the full text of the Control of Exports Act 2023 or contact exportcontrol@enterprise.gov.ie. 

Overview of export authorisations

Authorisations for exporting dual-use and military items are issued under Section 29 of the Control of Exports Act 2023 and in line with the EU Dual-Use Regulation (Regulation (EU) 2021/821). The Minister for Enterprise, Trade and Employment (the "Minister") is responsible for overseeing export controls in Ireland. 

Conditions of authorisation

Conditions attached to an export authorisation are established under Section 36 of the Act. These conditions include:

  • Non-transferability: An authorisation cannot be transferred to another person. Any attempt to do so is an offence and void under Section 30 of the Act.
  • Record-keeping: The authorisation holder must maintain detailed records of each exported item, service provided, or technical assistance offered.
  • Record details: The record must include commercial documents such as invoices, manifests, transport and other dispatch documents containing sufficient information to allow the following to be identified, where applicable:
    • a description of the exported item
    • the quantity of the exported item
    • the name and address of the exporter and of the consignee
    • where known, the end-use and end-user of the item
    • the period during which the item was the subject of brokering services or technical assistance
    • the destination of the item and services or assistance
    • the countries concerned by the services or assistance
  • These records must be kept for at least five years from the end of the calendar year in which the activity took place and be available for inspection by the Minister (through an Authorised Officer under Section 56).
  • Report submission: The Minister (through an Authorised Officer) may request reports from the authorisation holder regarding the activities covered by the authorisation. These reports must be submitted within the specified timeframe.
  • Notification of material matters: The authorisation holder must notify the Minister within 30 days of becoming aware of any material matter, such as:
    • errors in the authorisation
    • changes in circumstances affecting the authorised activity
    • corrections to previously provided information
  • Failure to maintain records, submit reports, or notify the Minister of material matters is an offence under Sections 31 and Section 32 of the Act. 

Compliance with authorisation conditions

The authorisation holder must conduct activities in strict accordance with the conditions set by the Minister, as attached to the issued authorisation. Non-compliance may result in penalties under Section 33(2) of the Act. 

Revocation, modification or suspension of authorisation

Under Section 34 of the Act, the Minister may revoke, modify or suspend an authorisation if necessary. This may occur if:

  • a material matter comes to the Minister’s attention
  • the application for authorisation omitted relevant information
  • there is a failure to comply with court orders related to the authorisation

Before taking any action, the Minister will provide the holder an opportunity to submit observations. In cases where security or public order is at risk, the Minister may limit the reasons provided for such decisions. 

Terminating a suspension

If an authorisation is suspended, the holder can apply to have the suspension lifted by demonstrating compliance with the conditions or resolving the issues that led to the suspension. The Minister will review the application and may request further information before making a decision. 

Regulations and procedures

Under Section 36 of the Act, the Minister may prescribe various aspects related to export authorisations, including:

  • application procedures
  • required documentation
  • fees (no fees apply at present)
  • authorisation classes and associated conditions
  • procedures for revocation, suspension and termination

Topics: Export controls

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