Control of Exports Act 2023

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Revocation, modification or suspension of authorisation

34. (1) The Minister may revoke or modify an authorisation or suspend the operation of an authorisation relating to the export of, or provision of brokering services or technical assistance in respect of a dual-use item or relating to a military item where—

(a) it appears to him or her to be necessary having considered—

(i) a report under section 32 (1),

(ii) a notice of a material matter under section 32 (3),

(iii) in relation to a military item, the requirement to give effect to any international agreement to which the State is a party and which has been ratified by the State, or

(iv) a request in that behalf to the Minister by the holder of the authorisation,

(b) it appears to the Minister that relevant information was not provided with the application for the authorisation,

(c) in the absence of a notice under section 32 (3), the Minister becomes aware of a material matter within the meaning of section 32 (5), or

(d) the holder of the authorisation fails to comply with an order of the Circuit Court under section 63 .

(2) Before revoking or modifying an authorisation or suspending the operation of an authorisation under this section the Minister shall consider, as appropriate, the matters referred to in paragraph (a) or (b) of section 29 (2).

(3) Where the Minister proposes to revoke or modify an authorisation or suspend the operation of an authorisation under this section, he or she shall, in accordance with procedures prescribed under section 36 , give notice to the holder of the authorisation of the proposal and shall give the holder an opportunity to make observations in writing to it in relation to the matter.

(4) The Minister may give notice to any person he or she considers appropriate of a proposal to revoke or modify an authorisation or suspend the operation of an authorisation and may request information in relation to the proposal from the person, to be provided to the Minister within the period specified in the notice.

(5) The Minister may, having considered any observations made by the holder of the authorisation and any information provided under subsection (4) decide to revoke or modify the authorisation or suspend the operation of the authorisation or attach conditions to that revocation, modification or suspension and shall give notice to the holder of the authorisation of his or her decision which, in the case of a decision to suspend the operation of an authorisation, shall include the period of the suspension, and, subject to subsection (7), provide the reasons for it and that the decision may be appealed under section 43 .

(6) Where the Minister attaches conditions under subsection (5) to the revocation, modification or suspension of the operation of an authorisation, the person who was the holder of the authorisation in the case of a revocation, or is the holder, in the case of a modification or suspension, shall be liable to comply with the conditions notwithstanding that revocation, modification or suspension.

(7) Where the Minister believes that providing reasons for his or her decision to revoke, modify or suspend an authorisation would create a risk to the security or public order of the State, he or she—

(a) may decide not to provide the recipient of the notice with such reasons to the extent necessary in order to avoid or minimise such risk, and

(b) shall include in the notice under subsection (5) a statement to the effect that he or she is declining to give reasons under this subsection for the decision.