Control of Exports (Goods and Technology) Order 2012

• Jurisdiction: Ireland
• Citation: IR SI 216/2012

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd July, 2012.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 4 of the Control of Exports Act 2008 (No. 1 of 2008), (as adapted by the Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 245 of 2011 )), hereby order as follows:

1. (1) This Order may be cited as the Control of Exports (Goods and Technology) Order 2012.

(2) This Order comes into operation on 30 June 2012.

2. (1) In this Order—

“firearm certificate” means a firearm certificate granted in accordance with the Firearms Acts 1925 to 2007 that is in force;

“International United Nations Force” has the meaning assigned to it by the Defence (Amendment) (No. 2) Act 1960 (No. 44 of 1960), or, as appropriate, the Defence (Amendment) Act 2006 (No. 20 of 2006);

“Permanent Defence Force” has the meaning assigned to it by the Defence Act 1954 (No. 18 of 1954);

“third country” means a country, territory, dependency or other place that is not a Member State.

(2) A reference in the Schedule to a Chemical Abstracts Service Registry Number, or the abbreviation “CAS”, in relation to a chemical, is a reference to the numeric designation assigned to that chemical by the American Chemical Society’s Chemical Abstracts Service.

3. Subject to Article 4, the exportation to a third country of any goods or technology, or both, specified in the Schedule is prohibited save under, and in accordance with, a licence.

4. Article 3 shall not apply to the exportation to a third country—

(a) of any goods or technology, or both, specified in the Schedule by the Permanent Defence Force or the Garda Síochána—

(i) for use by an International United Nations Force in the course of its duties as such,

(ii) for the purposes of such goods or technology, or both, being repaired, overhauled, refitted, modified, tested or maintained, and returned to the State,

(iii) for the purposes of such goods or technology, or both, being used at international military competitions, or

(iv) for the purposes of the testing of munitions,

(b) of privately owned pistols, revolvers, rifles, carbines, shotguns and other smoothbore weapons, silencers, telescopic sights, crossbows and component parts thereof, legally imported for a period of not more than 6 months by persons resident in a third country who hold firearm certificates therefor, and ammunition therefor, not exceeding the amount shown on the document authorising their importation,

(c) of pistols, revolvers, rifles, carbines, shotguns and other smoothbore weapons, silencers, telescopic sights, crossbows, component parts thereof and ammunition therefor, which are held by residents in the State holding firearm certificates therefor and which are being exported to a third country for use by their owners during a visit of not more than 6 months.

5. The exportation by the Permanent Defence Force or the Garda Síochána to a Member State of any goods or technology, or both, specified in the Schedule for—

(a) use by an International United Nations Force in the course of its duties as such,

(b) the purposes of such goods or technology, or both, being repaired, overhauled, refitted, modified, tested or maintained, and returned to the State,

(c) the purposes of such goods or technology, or both, being used at international military competitions, or

(d) the purposes of the testing of munitions,

may be made without a licence.

6. The Control of Exports (Goods and Technology) Order 2009 ( S.I. No. 305 of 2009 ) is revoked.

SCHEDULE

Article 3

Note 1: Terms in “quotations” are defined terms. Refer to ‘Definitions of Terms used in this List’ annexed to this List.

Note 2: In some instances chemicals are listed by name and CAS number. The list applies to chemicals of the same structural formula (including hydrates) regardless of name or CAS number. CAS numbers are shown to assist in identifying a particular chemical or mixture, irrespective of nomenclature. CAS numbers cannot be used as unique identifiers because some forms of the listed chemical have different CAS numbers, and mixtures containing a listed chemical may also have different CAS numbers.

1 Smooth-bore weapons with a calibre of less than 20 mm, other arms and automatic weapons with a calibre of 12,7 mm (calibre 0,50 inches) or less and accessories, as follows, and specially designed components therefor:

a. Rifles, carbines, revolvers, pistols, machine pistols and machine guns;

Note Paragraph 1. a. does not apply to the following:

a. Muskets, rifles and carbines manufactured earlier than 1938;

b. Reproductions of muskets, rifles and carbines the originals of which were manufactured earlier than 1890;

c. Revolvers, pistols and machine guns manufactured earlier than 1890, and their reproductions;

b. Smooth-bore weapons, as follows:

1. Smooth-bore weapons specially designed for military use;

2. Other smooth-bore weapons as follows:

a. Fully automatic type weapons;

b. Semi-automatic or pump-action type weapons;

c. Weapons using caseless ammunition;

d. Silencers, special gun-mountings, clips, weapons sights and flash suppressors for arms specified by Paragraph 1.a., Paragraph 1.b. or Paragraph 1.c.

Note 1 Paragraph 1 does not apply to smooth-bore weapons used for hunting or sporting purposes. These weapons must not be specially designed for military use or of the fully automatic firing type.

Note 2 Paragraph 1 does not apply to firearms specially designed for dummy ammunition and which are incapable of firing any ammunition specified by Paragraph 3.

Note 3 Paragraph 1 does not apply to weapons using non-centre fire cased ammunition and which are not of the fully automatic firing type.

Note 4 Paragraph 1. d. does not apply to optical weapon sights without electronic image processing, with a magnification of 4 times or less, provided they are not specially designed or modified for military use.

2 Smooth-bore weapons with a calibre of 20 mm or more, other weapons or armament with a calibre greater than 12,7 mm (calibre 0,50 inches), projectors and accessories, as follows, and specially designed components therefor:

a. Guns, howitzers, cannon, mortars, anti-tank weapons, projectile launchers, military flame throwers, rifles, recoilless rifles, smooth-bore weapons and signature reduction devices therefor;

Note 1 Paragraph 2.a. includes injectors, metering devices, storage tanks and other specially designed components for use with liquid propelling charges for any of the equipment specified by Paragraph 2.a.

Note 2 Paragraph 2.a. does not apply to weapons as follows:

a. Muskets, rifles and carbines, manufactured earlier than 1938;

b. Reproductions of muskets, rifles and carbines, the originals of which were manufactured earlier than 1890.

c. Guns, howitzers, cannons and mortars, manufactured earlier than 1890.

Note 3 Paragraph 2.a. does not apply to hand-held projectile launchers specially designed to launch tethered projectiles having no high explosive charge or communications link, to a range of less than or equal to 500 m.

b. Smoke, gas and pyrotechnic projectors or generators, specially designed or modified for military use;

Note Paragraph 2.b. does not apply to signal pistols.

c. Weapons sights and weapon sight mounts, having all of the following:

1. Specially designed for military use; and

2. Specially designed for weapons specified in Paragraph 2.a.;

d. Mountings specially designed for the weapons specified in Paragraph 2.a

3 Ammunition and fuse setting devices, as follows, and specially designed components therefor:

a. Ammunition for weapons specified by Paragraph 1, Paragraph 2 or Paragraph 12;

b. Fuse setting devices specially designed for ammunition specified by Paragraph 3.a.

Note 1 Specially designed components specified by paragraph 3 include:

a. Metal or plastic fabrications such as primer anvils, bullet cups, cartridge links, rotating bands and munitions metal parts;

b. Safing and arming devices, fuses, sensors and initiation devices;

c. Power supplies with high one-time operational output;

d. Combustible cases for charges;

e. Submunitions including bomblets, minelets and terminally guided projectiles.

Note 2 Paragraph 3.a. does not apply to ammunition crimped without a projectile (blank star) and dummy ammunition with a pierced powder chamber.

Note 3 Paragraph 3.a. does not apply to cartridges specially designed for any of the following purposes:

a. Signalling;

b. Bird scaring; or

c. Lighting of gas flares at oil wells.

4 Bombs, torpedoes, rockets, missiles, other explosive devices and charges and related equipment and accessories, as follows, and specially designed components therefor:

N.B. 1: For guidance and navigation equipment, see Paragraph 11.

N.B. 2: For Aircraft Missile Protection Systems (AMPS), see Paragraph 4.c.

a. Bombs, torpedoes, grenades, smoke canisters, rockets, mines, missiles, depth charges, demolition-charges, demolition-devices, demolition-kits, “pyrotechnic” devices, cartridges and simulators (i.e. equipment simulating the characteristics of any of these items), specially designed for military use;

Note Paragraph 4.a. includes:

a. Smoke grenades, fire bombs, incendiary bombs and explosive devices;

b. Missile rocket nozzles and re-entry vehicle nosetips.

b. Equipment having all of the following:

1. Specially designed for military use; and

2. Specially designed for ‘activities’ relating to any of the following:

a. Items specified by Paragraph 4.a.; or

b. Improvised Explosive Devices (IEDs).

Technical Note:

For the purpose of Paragraph 4.b.2. ‘activities’ applies to handling, launching, laying, controlling, discharging, detonating, activating, powering with one-time operational output,...