Minister Michael Ahern announces publication of the Control of Exports Bill 2007
Minister for Trade, Mr Michael Ahern T.D., today (Friday 9th February 2007) announced the publication of the Control of Exports Bill 2007 following its approval by Cabinet last Tuesday.
Minister Ahern said: “I am pleased to announce today the publication of the Control of Exports Bill in line with this Government’s promise to bring forward legislation to ensure that Ireland’s export controls are in line with best international practice.”
“The need for modern legislation was identified in a review commissioned by the Department from Forfás in 2004. Among the main features of the Bill are the introduction of controls on arms brokering, on technical assistance activities such as repair, maintenance and development and on the transfer of technology by electronic means. Enforcement of the new legislation will be a key feature with substantially increased fines of up to ¤10 million and prison sentences of 5 years for the most serious offences and enhanced inspection and audit powers for authorised officers.
“A particularly welcome innovation in the new legislation is the introduction of an Annual Report to the Oireachtas on the operation of the Act. This will bring transparency and openness to this important issue and will afford us the opportunity to dispel some of the myths that have grown up about our export control system.
“The operation of an effective export control system is a shared responsibility. My Department, as the agency with primary responsibility for the control of strategic exports, has taken the lead in driving forward the implementation of the Forfás review. However, we have also worked actively to promote enhanced cooperation with other Government Departments and agencies, particularly the Department of Foreign Affairs and the Revenue Commissioners. I am also very much aware that the exporting companies themselves are hugely important and that is why we will continue to promote the adoption by Irish industry of good trade compliance programmes,” The Minister added.
“The global community today faces considerable challenges to the goal of a peaceful and secure environment for all. Ireland is a strong advocate for global arms control and this legislation will strengthen our capacity to deliver domestically on our international commitments and obligations. For that reason I will be making every effort to progress this piece of legislation through the Oireachtas as quickly as possible so that we can get it on the statute books without delay,” Minister Ahern concluded.
Link to Screening Regulatory Impact Assessment:
http://www.djei.ie/trade/export/legislation.htm
Link to Control of Exports Bill 2007:
http://www.oireachtas.ie/viewdoc.asp?DocID=6933&&CatID=59
ENDS/TC267
Notes for Editors:
The key features of the Control of Exports Bill include:Provision for the regulation of arms brokering activities in Ireland and by Irish citizens and companies abroad. This will enable Ireland to fulfil its obligations under EU Common Position 2003/468/CFSP, which requires Member States to take all necessary measures to control brokering activities on their territory. Brokering activities are defined in the EU Common Position as activities of persons and entities negotiating or arranging transactions that may involve the transfer of items on the EU’s Common List of military equipment from a third country to any other third country or who buy sell or arrange the transfer of such items that are in their ownership from a third country to any other third country.
Controls on the provision of certain types of technical assistance, in compliance with EU Joint Action 401/2000 CFSP concerning the control of technical assistance related to certain military end-uses. Technical assistance activities, as set out in the Joint Action, includes repairs, maintenance, development, manufacture, assembly, testing, training and instruction and consultancy services in connection with weapons of mass destruction (WMD) programmes or military end-uses in countries subject to internationally agreed arms embargoes.
Controls on the transfer by electronic means, say over the Internet, of sensitive software and technology. Commonly known as intangible transfer of technology, this type of transaction is a growing phenomenon in international trade.
Controls on goods in transit. A broader definition of exportation will enable controls to be placed on goods in transit through Ireland in line with the recommendations of UN Security Council Resolution 1540, adopted in April 2004, on the non-proliferation of weapons of mass destruction.
ENDS
Last modified: 09/02/2007
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