Introduction
Export control regulations and legislation
Controlled items
Export Authorisation System (EAS)
Authorisations
Internal review and appeals
Compliance and enforcement
Offences and penalties
Contact
Introduction
Export controls aim to balance the facilitation of legitimate trade with the need to safeguard national and international security interests.
Export controls are regulatory measures applied to monitor and control the export of certain items, technologies and services. These controls are designed to ensure that exports do not contribute to the proliferation of weapons of mass destruction, support terrorism, or endanger national security and foreign policy interests and the protection of human rights. They also ensure compliance with international obligations and agreements.
Lists of controlled items are essential tools for exporters to ensure compliance with export controls. Controls typically require exporters to obtain prior authorisation to export designated items to third countries and in some circumstances also within Europe.
The Minister for Enterprise, Trade and Employment serves as the competent authority in Ireland with responsibility for export controls.
Export control regulations and legislation
International export control regimes
In international export control regimes, participating countries agree on managing the import, export and transit of certain items. The regimes compile lists of items subject to export controls. Ireland, through the Department of Foreign Affairs, is a member of various international export control regimes including:
The Australia Group combats the proliferation of biological and chemical weapons.
The Missile Technology Control Regime regulates matters such as the export of missile components and components for unmanned aerial vehicles.
The Nuclear Suppliers Group concludes agreements to prevent the proliferation of nuclear items and technologies.
The Wassenaar Arrangement includes agreements on export controls for military and dual-use goods.
These regimes provide guidelines and lists of controlled items that member countries, including Ireland, agree to regulate.
EU export control regulations
As a member of the European Union, Ireland adheres to EU export control regulations and has adopted common positions.
EU Common Position 2008/994, establishes a framework of minimum requirements that every national export control system in EU member states must meet. Central to this policy are eight criteria that guide the assessment and regulation of arms exports. These criteria form the core of the Common Position, ensuring a unified approach to arms export controls across the EU.
Regulation 821/2021 known as the Dual-Use Regulation, establishes rules on export controls for dual-use items applicable to all EU member states. These rules directly affect individuals and companies within the Union. Annex I of the regulation provides a comprehensive list of dual-use items that require an export authorisation.
Regulation 258/2012 puts in place measures to enforce Article 10 of the United Nations' Protocol against the illicit manufacturing and trafficking of firearms, their parts, components and ammunition. This protocol, known as the UN Firearms Protocol, supplements the United Nations Convention against Transnational Organised Crime. Specifically, it involves establishing procedures for authorising exports, imports, and transit of firearms, their parts, components and ammunition to prevent illegal activities related to these items.
Regulation 2019/125 addresses the trade in certain items that could be used for capital punishment, torture, or other cruel, inhuman, or degrading treatment or punishment. This regulation aims to control and restrict the trade of these items to prevent their use in activities that violate human rights and international humanitarian standards. It includes measures such as prohibitions, export controls and import restrictions on items that could be misused for such purposes.
Regulation 2009/43 simplifies the rules and procedures applicable to the intra-Community transfer of defence related products. The list of products covered by Directive 2009/43/EEC is the 'EU Common Military List'. As the common military list is updated regularly, the Directive is also updated with an amended list.
National export control legislation
The Control of Exports Act 2023, signed into law by the President on 26 October 2023, replaces the Control of Exports Act 2008 and associated Statutory Instruments. This updated legislation provides Ireland with a comprehensive framework for regulating the export of controlled goods, mitigating the risk of such items being exported in violation of Regulations and potentially causing injury in regional conflicts or violating human rights in third countries.
The Control of Export Act 2023 commenced on 22 August 2024.
Exporters are urged to familiarise themselves with the provisions of the Control of Exports Act 2023 to ensure compliance. The following information is of a general nature and does not constitute formal or legal advice. Exporters are advised to seek independent legal advice if uncertain about their obligations.
The Control of Exports Act 2023 is designed to update and regulate the control of dual-use and military item exports from Ireland. This legislation streamlines and strengthens the existing export control framework, replacing the Control of Exports Act 2008. Despite the introduction of the new Act, operational practices for exporters will largely remain consistent with current procedures.
In summary, the Act empowers the Minister for Enterprise, Trade and Employment to implement export controls effectively in Ireland. It primarily establishes an authorisation system for the export of dual-use and military items from Ireland to third countries, ensuring Ireland meets its EU obligations regarding common licensing requirements and procedures for dual-use item exports. Additionally, the Act gives legal effect in Irish law to the Council Common Position on activities involving military items.
The EU dual-use regulation has direct effect across the EU. However, member states are required to establish, through national legislation, effective, proportionate and dissuasive penalties for infringements of the regulation’s provisions. The EU regulation also allows member states discretion to adopt additional measures in their national legislation and Ireland has opted to include these in the Act. The Act is structured to detail controls for dual-use and military items in Parts 2 and 3, with authorisations and appeals in Parts 4 and 5. Part 6 addresses enforcement, while offences and corresponding penalties for control breaches are detailed in Part 7.
SI No 416 of 2024 Control of Exports (National military export control list) Regulations 2024, commenced on 22 August 2024 and lists military items that are subject to control under the Control of Exports Act.
SI No 624 of 2020 European Union (UN Firearms Protocol) Regulations 2020, made under section 3 of the European Communities Act 1972 (No 27 of 1972) gives full effect to Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012.
SI No 201 of 2021 European Union (Control of Trade in Goods that may be used for Torture) Regulations 2021 made under section 3 of the European Communities Act 1972 (No 27 of 1972), gives full effect to Regulation (EU) 2019/125 of the European Parliament and of the Council.
SI No 268 of 2023 European Communities (Intra-Community Transfers of Defence Related Products) (Amendment) Regulations 2023 made under section 3 of the European Communities Act 1972 (No 27 of 1972) implements and gives effect to Commission Delegated Directive (EU) 2023/277 of 5 October 2022 to reflect the amendments made in the EU Common Military List.
Controlled items
Controlled items include the export of the following item types:
- dual-use items (products and components, including software and technology, that can be used for both civil and military purposes)
- military equipment
- firearms for personal, civilian use (for example, for hunting or sport)
- items which may be used for capital punishment, torture, or other cruel, inhuman and degrading treatment or punishment
- exports to countries subject to EU trade sanctions
There are corresponding controls in place for brokering or transfer of these items and for providing technical assistance related to these items. Export controls may apply to information as well as physical items. Transfers of information or technology related to controlled items are themselves controlled.
Dual use
Dual-use items are products and components including software and technology which can be used for both civil and military purposes.
Dual-use items can be freely traded within the EU, except for some sensitive items requiring prior authorisation (see Annex IV of Regulation 821/2021). While the regulation is directly applicable across the EU, member states must implement national measures for enforcement and penalties. Member states can also implement discretionary measures in national legislation. Ireland has implemented these measures in the Control of Exports Act 2023. The additional controls place due-diligence responsibilities on exporters for non-listed dual-use items for public security or human rights reasons.
Dual-use and cyber-surveillance
Regulation 821/2021 introduced an obligation for EU member states to control exports of cyber-surveillance items which have legitimate civilian use, but which could also be misused for internal repression or serious violations of human rights and international humanitarian law. This obligation applies to cyber-surveillance items that have not already been listed in Annex I of the Dual-Use Regulation.
In October 2024, the EU Commission published guidance on cyber-surveillance for exporters. The guidelines are designed to help exporters apply controls on certain cyber-surveillance items that are not on official lists. This includes, among other things, due diligence steps to assess risks related to exporting these items.
Dual-use and research
In the context of the EU Dual-Use Regulation, technical assistance refers to any support related to the development, production, repair, maintenance, or use of dual-use items. The EU Commission has published guidance for research organisations to assist with compliance of export control obligations governing research activities involving dual-use items. Among other things, the guidance points out some research areas and scenarios that could trigger dual-use export controls. It also offers a list of red flags and several examples of ICP structure in a research organisation.
Military
The EU maintains a list of military equipment, known as the EU Common Military List. An authorisation is required for transfers of all equipment on this list within the EU, as a well as for exports to a third country (that is, outside the EU). In some instances, exporters can avail of simplified procedures in respect of transfers within the EU. The EU Common Military List consists of 22 categories of equipment.
Torture-related equipment
The controls on torture-related equipment are set out in the EU’s Anti-Torture Regulation: Regulation (EU) 2019/125 of the European Parliament and of the Council concerning trade in certain items which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. The export or import of items listed in Annex II of the Anti-Torture Regulation is prohibited. The export of items listed in Annex III of the Regulation is subject to prior approval and authorisation by the department.
Firearms
The Department of Enterprise, Trade and Employment deals with applications relating to the transfer of firearms outside the territory of the EU.
The Department of Justice is responsible for transfers of firearms within the EU.
Export controls are in place for firearms, parts, components and ammunition. The legal definition of these terms for exports of firearms outside the EU is set out in Regulation (EU) No. 258/2012, commonly called the Firearms Regulation.
Export controls also apply to temporary exports, for example personal firearms for competitions or exhibition. In this case, the type of authorisation you need will depend on whether or not you are travelling with your firearm. If you are exporting a firearm unaccompanied, you will need to apply for a Firearms Authorisation.
Export Authorisation System (EAS)
In order to apply for an export authorisation, exporters must first register via the online portal Export Authorisation System (EAS).
To access and use the EAS portal, users must have a compatible device, such as a laptop or computer (Windows/Linux), smartphone (iOS/Android), or tablet (Windows/iOS/Android). An internet connection and a web browser are required, along with a mobile number for receiving multi-factor authentication codes during login and a valid email address for registration and application-related communications.
Mandatory fields in the application will be marked with an asterisk (*). The portal allows submission of additional documents in Word or PDF format, with Excel spreadsheets required in some cases. Users can upload supplementary documentation for export licenses or applications both during and after submission.
Each exporter profile can be linked to only one Responsible Officer (RO), who cannot be associated with multiple profiles. However, at least one Authorised Officer (AO) must be associated with each exporter profile, and the same AO can be linked to multiple profiles.
Please note that once applications are submitted or saved as drafts, they cannot be edited by the Department of Enterprise, Trade and Employment (DETE) team.
Your privacy is important to us, and we are fully committed to keeping your personal information safe. The EAS Data Protection Statement is intended to provide you with information about the personal information we collect about you and how that information is used and shared. It also sets out your privacy rights. Please take a moment to familiarise yourself with our privacy practices so that you are fully aware of how and why we are using your personal data.
The EAS User Guide (PDF, 3.5MB) provides further information on using the EAS portal.
If you have any questions or require further clarification, please do not hesitate to contact exportcontrol@enterprise.gov.ie.
Authorisations
Once registered, exporters or their representatives can apply for the following authorisation types under the different export control regimes.
Individual dual-use authorisations
Individual dual-use authorisations are issued in respect of a particular export transaction. Each authorisation allows the export of specified items to a specified end-user. The transaction must be completed within twelve months of the date of issue of the authorisation.
Brokering activities (dual use) authorisations
Brokering activities (dual use) authorisations may be issued to companies that negotiate with and arrange transactions between non-EU countries for the purpose of selling or buying dual-use items.
Global dual-use authorisations
Global dual-use export authorisations may be issued to companies that have a very high volume of relatively low-risk exports. Global authorisations allow multiple shipments of a specified range of items or technology to one or more destination countries. These authorisations are generally valid for twelve months.
Military export authorisations
Military authorisations are required for the export of any items listed in the EU Common Military List to any destination. Each authorisation authorises the export of specified dual-use items to a specified end-user.
Global transfer authorisations for defence-related products
Global transfer authorisations facilitate the transfer of defence-related products between companies in EU member states.
Brokering activities (military) authorisations
Brokering authorisations are required for the negotiation or arrangement of the transfer of items listed on the EU Common Military List, whether that transfer is from Ireland to a country outside the EU ('third country'), from another EU member state to a third country, or from one third country to another.
Authorisation under the anti-torture regulation
These authorisations are required for the export of any items listed in Annex III of the Anti-Torture Regulation.
Union General Export Authorisations
The Dual-Use Regulation (Annex II) defines a number of EU General Export Authorisations (UGEA) which allow certain low-risk exports to proceed without requiring exporters to apply for an export authorisation.
There are significant restrictions on the use of each UGEA. Exporters should consult the relevant section of the regulation for full details. When notifying the Minister for Enterprise, Trade and Employment, exporters should use the template notification letter.
UGEA guidance and template notification letter
End Use Certificates
An End Use Certificate (EUC) is an assurance of compliance with export controls. This document is required as part of the authorisation application process. It should be written on the end-user official company letterhead or with an official company stamp and be signed by an authorised representative of the company.
End-user certificates are a vital part of an exporter’s due diligence, not merely a formality, to ensure compliance with export control regulations. Exporters must carefully assess both the end-use (how the item will ultimately be used) and the end-user (who will ultimately use it). As an exporter, it is your responsibility to ensure that your exports will not reach prohibited end-users or be used for prohibited purposes.
The following templates should be used:
Template for Dual Use End Use Certificate (DOCX, 29KB)
Template for Military End Use Certificate (DOCX, 29KB)
Template for Firearms End Use Certificate (DOCX, 29KB)
Decision making
The Department of Enterprise, Trade and Employment assess all export authorisation applications on a case-by-case basis in accordance with the criteria set out in EU and national legislation.
The department is obliged to consult with other EU member states if the products being exported are located in another EU member state or if the products will transit through another EU member state before reaching the ultimate end-user of the products. Consideration must also be given to end-users located in sanctioned countries.
The department may also consult with the Department of Foreign Affairs or other relevant government departments regarding the political and human rights situation in the country of final destination or other relevant matters at the time of the application.
Requests for additional information may form part of the assessment process, they reflect ongoing efforts to align processes with recent legislative changes and shifts in the geopolitical landscape.
Internal review and appeals can be taken in relation to a decision regarding an application for an export authorisation, as well as decision not to provide detailed reasons regarding a decision (to the extent necessary to protect security and public order).
Processing times
The department aims to process authorisation applications within 20 working days from the receipt of a fully complete application with all required information.
However, this processing time may take longer than 20 days if the end-use destination is particularly sensitive or if it is necessary for the department to consult with another EU member state or another government department.
Under Regulation (EU) 821/2021, the minimum time for consultation with other EU member states on dual-use applications is 10 working days. This period applies when a member state needs to consult others on a specific export license application, particularly if there are concerns about consistency in export controls across the EU or if the destination or end-use is sensitive. This 10-day consultation period can extend further (not exceeding 30 days) if additional information or more thorough review is required.
To avoid delays, exporters are strongly encouraged to apply for an authorisation well in advance and to ensure that all information provided is complete and accurate at the time of application.
Conditions
There are strict conditions of use attached to each authorisation type and exporters should familiarise themselves with these to ensure full compliance.
The duration of an authorisation cannot be extended. Once issued, authorisations are valid only for the specified period. If an unused authorisation expires, a new application will be required. Exporters are responsible for ensuring they apply for the appropriate authorisation type in ample time.
Related guidance
Guidance on export authorisations and conditions
Internal review and appeals
If an exporter is notified of a decision to deny an authorisation, they can request an internal review or lodge a formal appeal. The process consists of:
- (i) An initial review of the decision by an official with no connection to the original decision. The internal reviewer will consider only the reasons stated in the review request and will inform the appellant of their decision to either affirm or vary the decision.
- (ii) An appeal of the decision to an independent Adjudicator. Following consideration, the independent Adjudicator may affirm the decision, or where they are satisfied that a serious or significant error or a series of errors was made in making the decision, allow the appeal or remit it for reconsideration.
- (iii) Any further appeals must be made to the High Court.
For further information on export control related matters, including internal reviews and appeals, contact traderegulationappeals@enterprise.gov.ie.
Compliance and enforcement
The legal obligation to comply with export controls primarily rests with the exporter. Exporters are responsible for ensuring that their exports comply with all relevant export control regulations and laws, including obtaining necessary authorisations before exporting controlled items. Exporters must also verify the end-use and end-user of their products to prevent them from being diverted for nefarious purposes.
Failure to comply with export controls can result in significant legal penalties. Therefore, exporters must be diligent in understanding and adhering to export control requirements.
Internal Compliance Programmes
An Internal Compliance Programme (ICP) sets out the internal control measures required for monitoring compliance with export control legislation. It serves as an in-house procedures manual detailing such matters as the internal protocols to deal with all risks relating to export control. While there is no specific format or level of detail for ICPs, exporters can consult the European Commission's ICP guidelines.
The Dual-Use Regulation defines Internal Compliance Programmes as "ongoing, effective, appropriate, and proportionate policies and procedures adopted by exporters to ensure compliance with the provisions and objectives of this Regulation, as well as with the terms and conditions of authorisations issued under it. This includes, among other things, due diligence measures assessing risks related to the export of items to specific end-users and end-uses."
During audits, Authorised Officers can provide additional guidance if an ICP lacks sufficient measures to address potential risks.
Appointment and powers of Authorised Officers
The Minister for Enterprise, Trade and Employment can appoint individuals as Authorised Officers under the Act. Each appointed officer will be provided with a warrant of appointment, which must be produced upon request while performing duties under the Act.
Authorised Officers have the power to request information, records, and items pertinent to relevant activities from individuals involved in such activities. They are also empowered to enter premises, based on reasonable grounds, where relevant activities are believed to occur or where associated records/documents are stored.
Reporting requirements
Authorised Officers are obligated to prepare and submit a written report to the Minister concerning the activities they undertake as outlined in the Act, particularly those under Sections 57 and 58.
Compliance audits
Exporters holding an authorisation should expect to be audited by an Authorised Officer of the Minister. The purpose of an export control audit is to ensure that exporters are managing all compliance aspects of their export activities responsibly.
An audit is not an investigation, and it is not conducted in response to a specific concern or violation. Audits play a critical role in export controls, helping to identify compliance gaps and assess the effectiveness of a company’s export control measures. The most basic audit examines compliance with existing processes and procedures.
Exporters will receive at least three weeks' written notice of an audit, including the date, time, attending officers, and details of the audit process.
Compliance notice procedures
If an Authorised Officer believes it necessary to prevent or limit non-compliance with the Act, they may issue a 'compliance notice' to a person suspected of contravening a provision of the Act. The notice must specify the grounds for the suspicion, the measures required to cease the contravention, the deadline for compliance, and the recipient's right to appeal or apply to suspend the notice. A compliance notice can be issued regardless of whether there has been a prosecution for an offense under the Act. It does not prevent the initiation of a prosecution. The notice remains valid until it is appealed, revoked, or the officer confirms that it has been complied with. Failure to comply with a compliance notice by the specified deadline constitutes an offense.
Appeal process
The recipient of a compliance notice has 28 days to appeal to the District Court. The court may confirm, modify, or discharge the notice, considering the interests of justice and the need to mitigate risks. The appellant can also request suspension of the notice.
For information on compliance and enforcement please contact trade.compliance@enterprise.gov.ie.
Offences and penalties
Offences related to breaches of export controls on dual-use and military items are outlined throughout the Control of Exports Act 2023. Additional offences may apply if a person obstructs or interferes with an Authorised Officer exercising powers under the Act, or if they provide false or misleading information to the Minister under the Act.
Penalties vary depending on the nature of the contravention and the type of conviction. Most offences fall under the penalties prescribed in Section 71(3) of the Control of Exports Act 2023.
Contact
The Department of Enterprise, Trade and Employment aims to provide clear and comprehensive information on export controls. We welcome feedback. For queries, please contact:
Trade Regulation and Investment Screening Unit,
Department of Enterprise, Trade and Employment,
Earlsfort Centre,
Lower Hatch St,
Dublin 2,
D02 PW01.
Email: exportcontrol@enterprise.gov.ie