Export Licensing Unit Guidelines and Procedures
Applying for a dual-use export licence
Applicants must complete an application form. In certain cases, an end-use certificate may be required. All export licence applications are thoroughly examined. In some cases, the Department of Foreign Affairs is consulted on the application. If an application is refused, an exporter may appeal. Any appeal should be lodged with the Licensing Unit within 28 days of the refusal, together with any information that was not available to the Licensing Unit when the original decision was made. The appeal will be assessed in the context of the new information provided.
Applying for a global export licence
In circumstances where an unusually large number of licences are required for the export of dual-use items, the Department of Enterprise, Trade and Innovation will consider granting a global licence to prevent the creation of an undue administrative burden for the exporter. A global licence lists specific countries to which a category of Dual-Use items may be imported. These licences are valid for a period of six months and granted on the strict understanding that the exporter will comply with the following conditions:
- global licences are not valid for military or security-related end users;
- a global licence is valid only for the items and destinations listed - dual-use items and destinations not listed are subject to individual licensing requirements;
- a global licence is valid for a period of six months; and
- an exporter who has been granted a global licence must submit, on a three monthly basis, details of the consignees to whom the items listed on the licence were exported.
Applying for a military export licence
Applicants must complete an application form. All export licence applications are thoroughly examined and the Department of Foreign Affairs is consulted. An end-use certificate must be submitted with all military export licence applications. International import certificates are accepted for exports destined for another EU Member State.
Using The CGEA
To avail of the CGEA an exporter must notify this Department within 30 days of the date of the first shipment of goods covered by the licence and to inform the Department of where the records for those exports will be held. The exporter must also comply with the conditions for use of the general licence, which will be specified therein. The CGEA entitles exporters to export non-sensitive dual-use goods to Australia, Canada, Czech Republic, Hungary, Japan, New Zealand, Norway, Poland, Switzerland and the US.
The Catch-All Clause
An export authorisation may required for the export of non-listed dual-use items if the exporter is aware or has been advised by the Irish authorities that his products may be intended, in their entirety or part, for use in connection with weapons of mass destruction or the production of missiles capable of delivering such weapons, as parts or components of military goods illegally exported. The same would apply for the export of non-listed dual-use items for military end-use, in their entirety or in part, if the purchasing country or country of final destination is subject to an arms embargo.
Criteria used in deciding applications
All export licence applications are thoroughly examined. The factors that are taken into account when deciding if a licence should be granted include; the reputation of the exporter - exporters not known to Department of Enterprise, Trade and Innovation are required to submit a profile of their company before an application will be considered. The company profile should provide details of the exporter's activities, the products it exports and names of personnel authorised to sign export licence applications;
- the sensitivity of the product intended for export;
- the end-user;
- the country of final destination with particular reference to its membership of non-proliferation regimes, its respect for human rights, and the existence of any internal or external conflict;
- obligations under sanctions imposed by the UN Security Council or agreed in other international organisations.
- national foreign and security policy, including those covered by the European Code of Conduct on Arms Transfers;
- considerations about intended end-use and the risk of diversion;
Suspension, Revocation, etc.
The Licensing Unit, may annul, suspend, modify or revoke a dual-use export authorisation which has already been granted.
Applications for permission to export to countries where restrictions are in place due to UN, EU or OSCE trade sanctions
Details of the countries currently subject to such sanctions are available here. Where such restrictions are in place the Unit must either submit applications for approval to a UN Committee or apply the terms of the relevant EU Regulations. In neither case does the Unit have any real discretion over whether an application is to be granted or refused.
Last modified: 25/04/2013