What's New in Export Licensing
Profile of Export Licensing Unit | Dual-Use Goods | Military Goods | Trade Sanctions | FAQ's on Policy | Contact Us | What's New | Main Page
Notice to Exporters regarding new Union General Export Authorisations
EU Regulation 1232/2011 introduces five new EU General Export Authorisations, now called “Union General Export Authorisations” into the European dual-use export control framework as and from 7 January 2012. The aim is to simplify the current system of dual-use exports through the creation of these new Union General Export Authorisations which, subject to certain conditions, would enable exporters to export certain categories of dual-use items to certain destinations without the need for applying for an export licence. This brings the total number of Union General Export Authorisations (UGEAs) up to 6.
EU001 – exports to Australia, Canada, Japan, New Zealand, Norway, Switzerland (including Liechtenstein) and United States of America
▪ EU002 – export of certain dual-use items to certain destinations
▪ EU003 – export after repair/replacement
▪ EU004 – temporary export for exhibition or fair
▪ EU005 – telecommunications
▪ EU006 – chemicals
Each of the UGEAs contains a very precise list of items and destinations that are covered by that GEA. The use of the authorisations is subject to several general conditions of use. Each UGEA also contains a specific set of conditions of use, which must be adhered to when exporting under the general authorisation. (A web link to Regulation (EU) No 1232/2011 is attached for ease of reference at the end of this document.)
Union General Export Authorisation 001 (EU001) – Annex IIa
- Covers most Annex I items (though with several exceptions set out in the authorisation). It authorises exports to Australia, Canada, Japan, New Zealand, Norway, Switzerland (including Liechtenstein), and United States of America
Union General Export Authorisation 002 (EU002) – Exports of certain dual-use items to certain destinations – Annex IIb
- Covers several Wassenaar Arrangement–controlled items (for a specific list of covered items please refer to the legislation). It authorises exports to six destinations: Argentina, Croatia, Iceland, South Africa, South Korea and Turkey
Union General Export Authorisation 003 (EU003)–Export after repair/replacement – Annex IIc
- Covers most Annex I items (though with several exceptions set out in the authorisation; for a specific list of covered items please refer to the legislation)
- It concerns exports following the repair/replacement of covered items, where the relevant items were initially exported from the EU under a valid licence and were being re-imported into the European Union for the purpose of maintenance, repair or replacement
- It authorises exports to exports to 24 destinations: Albania, Argentina, Bosnia and Herzegovina, Brazil, Chile, China (including Hong Kong and Macao), Croatia, The former Yugoslav Republic of Macedonia, French Overseas Territories, Iceland, India, Kazakhstan, Mexico, Montenegro, Morocco, Russia, Serbia, Singapore, South Africa, South Korea, Tunisia, Turkey, Ukraine, United Arab Emirates
Union General Export Authorisation 004 (EU004) – Temporary export for exhibition or fair – Annex IId
- Covers most Annex I items (though with several exceptions set out in the authorisation; for a specific list of covered items please refer to the legislation)
- The authorisation contains several very specific conditions of use. For example, the authorisation does not cover the export of items where the relevant items are exported to a customs-free zone or a free warehouse which is located in a destination covered by this authorisation. It does not cover the export of items where their return in their original state, without the removal, copying or dissemination of any component or software, cannot be guaranteed by the exporter, or where a transfer of technology is connected with a presentation. It does not cover items that are to be exported for a private presentation or demonstration. There are many other specific conditions of use in the Regulation (Web link attached below)
- It authorises exports to exports to 24 destinations: Albania, Argentina, Croatia, Bosnia and Herzegovina, Brazil, Chile, China (including Hong Kong and Macao), The former Yugoslav Republic of Macedonia, French Overseas Territories, Iceland, India, Kazakhstan, Mexico, Montenegro, Morocco, Russia, Serbia, Singapore, South Africa, South Korea, Tunisia, Turkey, Ukraine, United Arab Emirates
Union General Export Authorisation 005 (EU005) – Telecommunications – Annex IIe
- Covers some category 5 part 1 items (for a specific list of covered items please refer to the legislation). It authorises exports to 9 destinations: Argentina, China (including Hong Kong and Macao), Croatia, India, Russia, South Africa, South Korea, Turkey, Ukraine
Union General Export Authorisation 006 (EU006) – Chemicals – Annex IIf
- Covers several items in category 1C350, 1C450.a. and 1C450.b. (for a specific list of covered items please refer to the legislation). It authorises exports to exports to 6 destinations: Argentina, Croatia, Iceland, South Korea, Turkey, Ukraine
The new UGEA's are available to all exporters in the European Union. In order to use the authorisations, you need to ensure the following:
- that the items you are exporting are covered by the specific authorisation;
- that the destination to which you are exporting is covered by the specific authorisation;
- that you have fulfilled all the conditions of use specified in the authorisation (e.g. registration requirement);
Exporters need to check the precise scope of the authorisations as set out in the legislation. It is the responsibility of each exporter to assess whether the relevant items are covered.
On exportation of any items pursuant to this authorisation, it is important to note the requirement to specify the EU reference number X002 and to specify that the items are being exported under the relevant Union General Export Authorisation i.e. EU001, EU002, EU003, EU004, EU005, or EU006 in Box 44 of the Single Administrative Document.
Exporters may now be prohibited from using Union General Export Authorisations if there is reasonable suspicion about their ability to comply with an authorisation or with a provision of the export control legislation. This is important because to help with a common EU approach to managing the UGEA system, information about prohibited exporters is exchanged among all Member States.
The complete text of the Regulation can be accessed at the following address:
http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:326:0026:0044:EN:PDF
If you have any queries you may contact the Licensing Unit at exportcontrol@djei.ie
EU Green Paper – The Dual-Use Export Control System of the European Union
Invitation to Public Consultation
The objective of the Green Paper is to launch a broad public debate concerning the functioning of the current EU dual-use export control system. The consultation is being conducted with a view to gathering input from industry, civil society, NGOs, academia and Member State governments on:
• The detailed provisions of the current export control framework in order to prepare for a review of the system;
• The progressive reform of the EU dual-use export control system in order to adapt it to the rapidly changing circumstances of the modern world.
EU GREEN PAPER The Dual-Use export control system of the European Union (PDF, 83.1KB)
All interested parties are invited to submit their views. Submissions should be sent in an electronic format no later than 31st October 2011 to the following email address:
TRADE-F1-DU_CONSULT_2011@eu.europa.eu
If you wish, you may also send a copy of your submission to the Licensing Unit at the following address: bridget.flynn@djei.ie
Control of Exports (Brokering Activities) Order 2011
The purpose of this Order, which was made pursuant to Section 3 of the Control of Exports Act 2008, is to enable the Minister to control certain brokering activities in relation to goods and technology listed in the schedule to this Order.
Control of Exports (Dual Use Items) Order 2009 Explanatory Note
The purpose of this Order, which was made further to sections 3 and 4 of the Control of Exports Act 2008, is to give further effect to Council Regulation (EC) No.428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items.
In addition to consolidating the many prior amendments to the original Dual-Use Regulation (1334/2000), the Regulation introduces new controls on brokering activities and goods transit.
The Order extends brokering controls to items not listed in Annex I of the Regulation if they are to be used in connection with Weapons of Mass Destruction (WMD) or missiles capable of delivering such weapons, or for a military end-use in a country which is subject to an arms embargo. This is in addition to the mandatory (i.e. directly effective) provision that brokering services will require an authorisation if they concern items listed in Annex I to the Regulation and the broker knows, or is informed by the authorities, that these are or may be intended for an end-use in connection with WMD or missiles capable of delivering WMD.
“Transit” is defined in the recast Regulation as “a transport of non-Community dual-use items entering and passing through the customs territory of the Community with a destination outside the Community”. The Order prohibits the transit of non-Community dual-use items listed in Annex I of the Regulation if the items are or may be intended for use in connection with WMD or missiles capable of delivering such weapons. It also extends controls to the transit of non-Community dual-use items not listed in Annex I where the items are or may be intended for use in connection with WMD or missiles capable of delivering WMD, or for a military end-use in a country which is subject to an arms embargo.
The Order also provides that the Minister may prohibit or impose an authorisation requirement on the export of dual-use items not listed in Annex I for reasons of public security or human rights considerations.
As the Order was made under the Control of Exports Act 2008, breaches of the Order are subject to the penalties provided for in that Act. The 2008 Act provides for penalties on summary conviction of a fine not exceeding ¤5,000 or imprisonment for a term of six month or to both, and on conviction on indictment for a fine of up to ¤10,000,000 or three times the value of the goods or technology concerned, or imprisonment for a term of up to five years, or to both such a fine and imprisonment.
The Order revokes the European Communities (Control of Exports of Dual-Use Items) Regulations 2000 (SI No. 317 of 2000).
Council Regulation (EC) No. 428/2009 of 5 May 2009 setting a Community regime for the control of exports, transfer, brokering and transit of dual-use items (re-cast)
The re-cast Dual-Use Regulation entered into force on 27 August 2009. Below is a summary of key changes to the legislation.
Please note that this is not a comprehensive list of changes, but more an information note outlining the main changes to the legislation. Exporters are advised to read the legislation in detail as there may be changes not mentioned below which are of relevance to them.
The recast Regulation provides for Member States to control brokering services of dual-use items listed in Annex I where there is a possible Weapon of Mass Destruction (WMD) end use. The definition of “brokering services" is quite broad:
-‘brokering services’ shall mean:
the negotiation or arrangement of transactions for the purchase, sale or supply of dual-use items from a third country to any other third country,
or
the selling or buying of dual-use items that are located in third countries for their transfer to another third country.
For the purposes of this Regulation the sole provision of ancillary services is excluded from this definition. Ancillary services are transportation, financial services, insurance or re-insurance, or general advertising or promotion;
The recast Regulation introduces the possibility for Member States to apply controls on the transit of non-community dual-use items listed in Annex I that are, or may be, intended for use in WMD.
Member States also now have the ability to extend the new controls on brokering and transit to non-listed dual-use items, which may be used in WMD.
The lists of dual-use items contained in Annex I has now been updated taking into account the results of the review carried out by the Nuclear Suppliers Group (NSG), the Wassenaar Arrangement (WA), the Missile Technology Control Regime (MTCR) and the Australia Group (AG) in 2008. Please find attached a list which summarises where the main changes occur to Annex I.
Control of Exports Act, 2008
The Department of Enterprise, Trade and Employment announced the signature of the Commencement Order for the Control of Exports Act, 2008, which came into force on Monday 5th May 2008.
The legislation was enacted on foot of a Forfas report, which recommended strengthening Ireland’s strategic export controls to bring them into line with best international practise. Among the main features of the Act 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 enhanced inspection and audit powers for authorised officers. The Act also commits the Minister to submit an annual report to the Oireachtas on the operation of Ireland’s export controls system.
Last modified: 06/01/2012
| © 2011 Department of Jobs, Enterprise and Innovation | Privacy Statement |
,
