European Communities (Control of Exports of Dual-Use Items) Regulations, 2000

• Jurisdiction: Ireland
• Citation: IR SI 317/2000
• Year: 2000

I, MARY HARNEY, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving full effect to Council Regulation (EC) No. 1334/2000 of 22 June, 20001 , hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Control of Exports of Dual-Use Items) Regulations, 2000.

(2) These Regulations shall come into operation on 5 October 2000.

2. (1) In these Regulations —

“authorised officer” means a person appointed under Regulation 7 of these Reglations;

“Council Regulation” means Council Regulation (EC) No. 1334/2000 of 22 June, 2000 setting up a Community regime for the control of exports of dual-use items and technology;

“dual-use items” means items referred to in the Council Regulation;

“exporter” has the meaning assigned to it by Article 2(c) of the Council Regulation;

“general authorisation” means an authorisation granted by the Minister under Regulation 4;

“Minister” means the Minister for Enterprise, Trade and Employment.

(2) In these Regulations—

(a) a reference to a Regulation is to a Regulation of these Regulations, and

(b) a reference to a paragraph or subparagraph is to a paragraph or subparagraph of the Regulation in which the reference occurs, unless it is indicated that reference to some other Regulation is intended.

3. The Minister shall be the competent authority in the state for the purposes of the Council Regulation.

4. (1) The Minister may grant a general authorisation of the type referred to in Article 6(2) of the Council Regulation.

(2) A general authorisation granted under paragraph (1) may be granted subject to such one or more further conditions as the Minister thinks appropriate and specifies in the authorisation.

(3) Without prejudice to the generality of paragraph (2), a general authorisation may be granted subject to a condition restricting the states to which an exportation of the dual-use items concerned may take place to such states as are specified in the condition.

(4) A general authorisation granted under paragraph (1) may be used by an exporter if:

(a) the exporter either is not aware, or has not been informed by the Minister, that the dual-use items which it is intended to be exported are, or may be, whether in their entirety or in part, intended for any of the uses referred to in paragraph 1, 2 or 3 of Article 4 of the Council Regulation.

(b) the exporter provides the Minister with-

(i) the name of the exporter,

(ii) where appropriate, the address where the exporter will keep and make available for inspection by the Minister, the registers or records referred to in paragraphs (1) and (2) of Article 16 of the Council Regulation, for a period of 3 years from the end of the year in which the export took place.

(iii) where appropriate, the address where the exporter will keep and make available for inspection by the Minister, the documents and records referred to in paragraph (5) of Article 21 of the Council Regulation, for a period of 3 years from the end of the year in which the export took place,

(c) the information referred to in subparagraph (b) is provided—

(i) where the exporter exports dual-use items of the type concerned on one occasion, not later than 30 days after the export of the dual-use items, or

(ii) where the exporter exports dual-use items of the type concerned on more than one occasion, before such an export (being the first occasion of such an export) takes place, or within 30 days...