Control of Exports Order, 2005

• Jurisdiction: Ireland
• Citation: IR SI 884/2005
• Year: 2005

Control of Exports Order, 2005

S.I. No. 884 of 2005

I, Micheál Martin, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 2 of the Control of Exports Act, 1983 (No. 35 of 1983), and the Trade (Transfer of Departmental Administration and Ministerial Functions) Order, 1997 ( S.I. No. 303 of 1997 ) (as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 305 of 1997 )), hereby order as follows: 1. (1) This Order may be cited as the Control of Exports Order, 2005. 2. (1) In this Order-

“Firearm Certificate” means a firearm certificate granted in accordance with the Firearm Acts 1925 to 2000 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, 1993 (No. 18 of 1993);

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

(2) A reference in the Schedule to this Order to a Chemical Abstracts Service Registry Number (or its 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 of this Order, the exportation of any goods specified in the Schedule to this Order is prohibited save under and in accordance with a licence. 4. This Order shall not apply to the exportation -

(a) of any goods by the Permanent Defence Force, or the Garda Síochána -

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

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

(iii) for the purposes of their being used at international military competitions, or

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

(b) to other Member States of the European Communities of -

(i) pistols, revolvers, rifles, carbines, shotguns and other smoothbore weapons and crossbows and component parts thereof,

(ii) silencers, telescopic sights and component parts thereof, or

(iii) ammunition for firearms specified in subparagraph (i) of this paragraph,

(c) 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 outside the European Communities who hold firearm certificates therefor, and ammunition therefor, not exceeding the amount shown on the document authorising their importation,

or

(d) 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 outside the European Communities for use by their owners during a visit of not more than 6 months. 5. The Control of Exports Order, 2000 ( S.I. No. 300 of 2000 ), is hereby revoked.

SCHEDULE GOODS WHICH MAY NOT BE EXPORTED WITHOUT A LICENCE

Note 1 Terms in “quotations” are defined terms. Refer to ‘Definitions of Terms used in the Schedule” annexed to this Schedule.

Note 2 Chemicals are listed by name and CAS number. Chemicals of the same structural formula (including hydrates) are controlled regardless of name or CAS number. CAS numbers are shown to assist in identifying whether a particular chemical or mixture is controlled, 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. Small arms, automatic weapons and accessories, as follows, and specially designed components therefor:

a. Rifles, carbines, revolvers, shotguns, stunguns, crossbows, pistols, machine pistols and machine guns:

b. Smooth-bore weapons;

c. Weapons using caseless ammunition;

d. Silencers, special gun-mountings, clips, weapons sights and flash suppressers for arms specified by sub-items in Paragraphs 1.a., 1.b. or 1.c.

Note 1 Paragraph 1. does not control firearms specially designed for dummy ammunition and which are incapable of firing any ammunition specified in this Schedule.

2. Large calibre armament or weapons, projectors and accessories, as follows, and specially designed components therefor:

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

Note 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 controlled by Paragraph 2.a.

b. Military smoke, gas and pyrotechnic projectors or generators.

c. Weapons sights.

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

a. Ammunition for the weapons specified in Paragraphs 1, 2 or 12;

b. Fuze setting devices specially designed for ammunition controlled under Paragraph 3.a.

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

N.B.: Electronic guidance and navigation equipment is controlled under Paragraph 11

a. Explosive substances, pyrotechnic substances, bombs, torpedoes, grenades, smoke canisters, rockets, mines, missiles, depth charges, demolition-charges, demolition-devices and demolition-kits, pyrotechnic devices, cartridges and simulators (i.e. equipment simulating the characteristics of any of these items);

Note Paragraph 4.a. includes:

1. Smoke grenades, fire bombs, incendiary bombs and other explosive and pyrotechnic articles;

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

b. Equipment specially designed for the handling, control, activation, powering with one-time operational output, launching, laying, sweeping, discharging, decoying jamming, detonation or detection of items specified in Paragraph 4.a.

Note Paragraph 4.b. includes:

1. Mobile gas liquefying equipment capable of producing 1,000 kg or more per day of gas in liquid form;

2. Buoyant electric conducting cable suitable for sweeping magnetic mines.

Technical Note

Hand-held devices, limited by design solely to the detection of metal objects and incapable of distinguishing between mines and other metal objects, are not considered to be specially designed for the detection of items specified in Paragraph 4.a.

5. Fire control, and related alerting and warning equipment, and related systems, test and alignment and countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor:

a. Weapon sights, bombing computers, gun laying equipment and weapon control systems;

b. Target acquisition, designation, range-finding, surveillance or tracking systems; detection, data fusion, recognition or identification equipment; and sensor integration equipment;

c. Countermeasure equipment for items specified in Paragraphs 5.a. or 5.b.

d. Field test or alignment equipment, specially designed for items specified in Paragraphs 5.a. or 5.b.

6 Ground vehicles and components, as follows:

N.B.: Electronic guidance and navigation equipment is controlled under Paragraph 11

a. Ground vehicles and components therefor, specially designed or modified for military use;

Technical Note

For the purposes of Paragraph 6.a. the term ground vehicles includes trailers.

b. All wheel-drive vehicles capable of off-road use which have been manufactured or fitted with materials to provide ballistic protection to level III (NIJ 0108.01 September 1985, or comparable national standard) or better.

N.B. See also Paragraph 13.a.

Note 1 Paragraph 6. includes:

a. Tanks and other military armed vehicles and military vehicles fitted with mountings for arms or equipment for mine laying or the launching of munitions controlled under Paragraph 4;

b. Armoured vehicles;

c. Amphibious and deep water fording vehicles;

d. Recovery vehicles and vehicles for towing or transporting ammunition or weapon systems and associated load handling equipment.

Note 2 Modification of a ground vehicle for military use entails a structural electrical or mechanical change involving one or more specially designed military components. Such components include:

a. Pneumatic tyre casings of a kind specially designed to be bullet-proof or to run when deflated;

b. Tyre inflation pressure control systems, operated from inside a moving vehicle;

c. Armoured protection of vital parts, (e.g., fuel tanks or vehicle cabs);

d. Special reinforcements or mountings for weapons.

e. Black-out lighting

Note 3 Paragraph 6. does not control civil automobiles or trucks designed for transporting money or valuables, having armoured or ballistic protection.

7 Chemical or biological toxic agents, “riot control agents”, radioactive materials related equipment, components, materials, as follows:

a. Biological agents and radioactive materials “adapted for use in war” to produce casualties in humans or animals, degrade equipment or damage crops or the environment, and chemical warfare (CW) agents;

1. CW nerve agents:

a. O-Alkyl (equal to or less than C10, including cycloalkyl) alkyl (Methyl Ethyl, n-Propyl or Isopropyl) - phosphonofluoridates, such as:

• Sarin (GB):O-Isopropyl methylphosphonofluoridate

(CAS 107-44-8); and

• Soman (GD):O-Pinacolyl methylphosphonofluoridate (CAS 96-64-0);

b. O-Alkyl (equal to or less than C10, including cycloalkyl) N,N-dialkyl...