Control of Exports Act 2023

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Number 27 of 2023

CONTROL OF EXPORTS ACT 2023

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Competent authority

4. Reporting on operation of Act

5. Regulations

6. Expenses

7. Service of notices or documents

8. Repeals and revocations

9. Interpretation for Part 2

PART 2

Control of Dual-Use Items

10. Obligations of exporter under Article 3, 4 or 5

11. Provision supplemental to section 10

12. Order of Minister prohibiting export of dual-use item not specified in Annex I

13. Direction that authorisation required to export dual-use item not specified in Annex I

14. Obligations of broker under Article 6

15. Provision supplemental to section 14

16. Obligations of provider of technical assistance under Article 8

17. Provision supplemental to section 16

18. Order of Minister prohibiting transit of certain dual-use items

19. Direction that authorisation required for transit of dual-use items specified in Annex I

20. Obligations under Article 11

21. Provision relating to decision of competent authority following receipt of relevant notice

22. Interpretation for Part 3

PART 3

Control OF Military Items

23. National military export control list

24. Control on export of military item

25. Control on provision of brokering services in respect of military item

26. Control on transit of military item

27. Exemption for Defence Forces or Garda Síochána

28. Application for authorisation

PART 4

Authorisation

29. Decision of Minister on application for authorisation

30. Prohibition on transfer of authorisation

31. Requirement to keep records

32. Reporting

33. Requirement to comply with authorisation

34. Revocation, modification or suspension of authorisation

35. Termination of suspension

36. Regulations relating to authorisations

PART 5

Internal Reviews and Appeals

Chapter 1

Internal review

37. Appointment of decision makers or reviewers

38. Internal review

39. Appointment of adjudicators

Chapter 2

Adjudicators

40. Revocation of appointment as adjudicator

41. Liability of adjudicators

42. Rules concerning conduct of appeals before adjudicator

Chapter 3

Review of relevant decisions

43. Procedure for appeal of decision under section 38

44. Oral hearing

45. Decision of adjudicator

Chapter 4

Exceptional provisions regarding sensitive material and evidence

46. Treatment of certain material of relevance to security or public order of State in appeal against decision under section 43

47. Appeals to be held otherwise than in public

48. Confidentiality of proceedings

49. Designation of legal representatives in respect of certain matters

Chapter 5

Appeal against decision of adjudicator

50. Appeal against decision of adjudicator

51. Application to suspend effect of relevant decision

52. Treatment of evidence in relation to appeals against decision of adjudicator

53. Hearing of matters otherwise than in public

54. Proceedings before court other than High Court

55. Interpretation for Part 6

56. Authorised officers

PART 6

Enforcement

57. Powers of authorised officer to request information and enter premises

58. Powers of authorised officer on entry

59. Warrant required to enter dwelling

60. Report of authorised officer

61. Compliance notice

62. Appeal against or application to suspend compliance notice

63. Application to Circuit Court

64. Forfeiture

65. Proceedings for condemnation by court

66. Power to deal with seizures, before and after condemnation

67. Legal privilege

68. Application of provisions relating to security and hearings otherwise than in public

69. Obstruction

PART 7

Offences and Penalties

70. False or misleading information

71. Penalties for offences

72. Offence by body corporate

PART 8

Miscellaneous and Transitional Provisions

73. Information sharing

74. Transitional provisions

Acts Referred to

Civil Service Regulation Acts 1956 to 2005

Companies Act 2014 (No. 38)

Control of Exports Act 2008 (No. 1)

Customs Act 2015 (No. 18)

Defence (Amendment) Act 2006 (No. 20)

Defence Act 1954 (No. 18)

Defence Acts 1954 to 2015

Ethics in Public Office Act 1995 (No. 22)

Ethics in Public Office Acts 1995 and 2001

European Parliament Elections Act 1997 (No. 2)

Garda Síochána Act 2005 (No. 20)

Legal Services Regulation Act 2015 (No. 65)

Solicitors Act 1954 (No. 36)

Number 27 of 2023

CONTROL OF EXPORTS ACT 2023

An Act to provide for control of the export of items that can be used for civil or military purposes and for control of the provision of brokering services or technical assistance in respect of, or control of transit of, those items; to give full effect to Council Regulation (EU) No. 2021/821 of 20 May 2021¹ setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast); to provide for control of the export of military items and for control of the provision of brokering services in respect of, or control of transit of, those items; to provide for the Minister to grant authorisations to undertake certain activities relating to dual-use items and military items; to provide for a process for appealing certain decisions of the Minister with due regard to the potentially sensitive nature of the subject matter of the appeal, and for those purposes to establish a panel of persons to deal with appeals; to provide for enforcement; to provide for information sharing; to provide for the repeal of the Control of Exports Act 2008 ; and to provide for related matters.

[25th October, 2023]

Be it enacted by the Oireachtas as follows:

¹ OJ No. L206, 11.6.2021, p. 1