Controlled Exports
Control of Exports Act 2008
Number 1 of 2008
CONTROL OF EXPORTS ACT 2008
AN ACT TO PROVIDE FOR THE CONTROL OF THE EXPORTATION OF GOODS AND TECHNOLOGY AND THE CONTROL OF THE PROVISION OF BROKERING ACTIVITIES AND TECHNICAL ASSISTANCE, TO PROVIDE FOR THE CONTROL OF TECHNICAL ASSISTANCE RELATED TO CERTAIN MILITARY END-USERS AS PROVIDED FOR BY THE COUNCIL OF THE EUROPEAN UNION IN THE COUNCIL JOINT ACTION OF 22 JUNE 2000 AND FOR THE CONTROL OF ARMS BROKERING AS PROVIDED FOR BY THE COUNCIL OF THE EUROPEAN UNION IN THE COUNCIL COMMON POSITION 2003/468/CFSP OF 23 JUNE 2003 AND TO PROVIDE FOR RELATED MATTERS.
[27th February, 2008]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Definitions.
1.— In this Act—
“ brokering activities ” has the same meaning as it has in Council Common Position 2003/468/CFSP of 23 June 2003 on the control of arms brokering;
“ exportation ”, unless the context otherwise requires, means exportation from the State and includes the transfer by electronic means of software and technology and the exportation of goods brought into the State for re-export;
“ licence ” means a licence issued under section 6 ;
“ Minister ” means the Minister for Enterprise, Trade and Employment;
“ software ” has the same meaning as it has in 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;
“ technical assistance ” has the same meaning as it has in Council Joint Action of 22 June 2000 concerning the control of technical assistance related to certain military end-users;
“ technology ” has the same meaning as it has in 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.
Laying of orders and regulations before Houses of Oireachtas.
2.— Every order or regulation under this Act, other than an order under section 12 (2), shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under the order or regulation.
Controls on brokering activities.
3.— (1) Whenever and so often as the Minister thinks appropriate, having regard to the purposes of this Act, and subject to such exceptions (if any) as he or she thinks proper, the Minister may by order prohibit or regulate the provision, except under and in accordance with a licence, of such class or classes of brokering activities as may be specified in the order.
(2) An order under subsection (1) applies to brokering activities undertaken—
(a) in the State, and
(b) outside the State, if the brokering activities concerned are undertaken by—
(i) an individual who is a citizen of Ireland, or
(ii) a company within the meaning of the Companies Acts.
(3) Nothing in this section shall be construed as applying to brokering activities undertaken wholly inside one or more than one other Member State.
(4) Nothing in this section shall be construed as applying to brokering activities undertaken outside the State pursuant to a licence or other similar document duly issued by another Member State authorising such activities.
Controls on export of goods and technology.
4.— Whenever and so often as the Minister thinks appropriate, having regard to the purposes of this Act, and subject to such exceptions (if any) as he or she thinks proper, the Minister may by order prohibit or regulate the exportation, except under and in accordance with a licence, of such class or classes of goods and technology as may be specified in the order.
Controls on technical assistance.
5.— (1) Whenever and so often as the Minister thinks appropriate, having regard to the purposes of this Act, and subject to such exceptions (if any) as he or she thinks proper, the Minister may by order prohibit or regulate the provision outside the State, except under and in accordance with a licence, of such class or classes of technical assistance as may be specified in the order.
(2) An order under subsection (1) does not apply to the provision of technical assistance to a person in—
(a) another Member State, or
(b) such other country or territory as may be specified in the order.
Licences.
6.— (1) The Minister may, at his or her discretion, grant or refuse to grant a licence for the purpose of section 3 , 4 or 5 on such terms and conditions as may be specified in the licence.
(2) An application for a licence shall be in such form and contain such information as the Minister may specify.
(3) A licence shall remain in force for a specified period or, if earlier, until duly revoked.
(4) A licence issued under section 3 of the Control of Exports Act 1983 shall be deemed to be a licence duly granted under subsection (1) and shall remain in force for the period specified in the licence, or, if earlier, until duly revoked.
(5) Where the Minister refuses to grant a licence to a person—
(a) the person shall be notified of such refusal and the reasons for such refusal, and
(b) the person may appeal the refusal in accordance with regulations under subsection (6).
(6) The Minister may make regulations for the purposes of this section.
(7) Without prejudice to the generality of subsection (6), regulations under this section may provide for all or any of the following:
(a) the form and manner in which an application for a licence may be made (including provision for on-line applications);
(b) the form and manner in which a licence may be renewed (including provision for on-line applications for renewal);
(c) requirements for applicants to furnish such additional information or particulars relating to the application as may be specified;
(d) the period in which an application shall be dealt with;
(e) the manner in which an applicant may be notified of the decision on the application;
(f) the duration of a licence;
(g) the circumstances in which a licence may be revoked;
(h) a right of appeal against—
(i) a refusal of an application for a licence,
(ii) a refusal of an application to renew a licence, and
(iii) the revocation of a licence;
(i) the procedures for hearing and determining appeals (including time limits for lodging and hearing appeals);
(j) the fees (if any) to be paid for applying for a licence or the renewal of a licence or the making of an appeal under this Act and the time and manner in which such fees shall be paid;
(k) the keeping of records relating to applications;
(l) the implementation by licence holders of appropriate internal compliance procedures;
(m) the making of returns by licence holders.
(8) A person shall not, in relation to an application for a licence (including an application to renew a licence) or in relation to an appeal arising from such application, make a statement in writing which to his or her knowledge is false or misleading in a material respect.
Authorised officers.
7.— (1) In this section—
“ authorised officer ” means—
(a) a person appointed under subsection (2), or
(b) an officer of Customs and Excise;
“ premises ” means any place or vehicle;
“ record ” includes, in addition to a record in writing—
(a) a disc, tape, sound-track or other device, including an electronic device, in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,
(b) a film, tape or other device, including an electronic device, in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form,
(c) a photograph,
and any reference to a copy of a record includes—
(i) in the case of a record to which paragraph (a) applies, a transcript of the sounds or signals embodied in it,
(ii) in the case of a record to which paragraph (b) applies, a still reproduction of the images embodied in it, and
(iii) in the case of a record to which paragraphs (a) and (b) apply, such a transcript together with such a still reproduction;
“ vehicle ” means any conveyance in or by which any person or thing, or both, is transported which is designed for use on land, or in water or in the air, or in more than one of those ways, and includes—
(a) part of a vehicle,
(b) an article designed as a vehicle but not capable of functioning as a vehicle,
(c) a skip or other container designed for use or used for carriage on a vehicle, or
(d) a trailer designed for use or used with a vehicle.
(2) For the purposes of this Act the Minister may, in writing, appoint to be authorised officers—
(a) such and so many of his or her officers, and
(b) for such purposes as the Minister may specify, such and so many other persons.
(3) (a) A warrant of appointment as an authorised officer shall be issued to every person appointed under subsection (2).
(b) Whenever a person is exercising any function conferred on him or her as an authorised officer such person shall, if requested by a person affected—
(i) in the case of a person appointed under subsection (2), produce his or her warrant, or
(ii) in the case of an officer of Customs and Excise, produce his or her authorisation as such an officer,
to the person so requesting.
(4) The Minister may at any time terminate an appointment as an authorised officer, whether or not the appointment was for a fixed period.
(5) An appointment as an authorised officer shall cease—
(a) where the Minister terminates it pursuant to subsection (4),
(b) where it is for a fixed period, on the expiry of that period, or
(c) where the person appointed is an officer of the Minister, upon he or she ceasing to be such an officer.
(6) Nothing in subsection (5) shall be construed so as to prevent the Minister from re-appointing as an authorised officer a person to whom that subsection relates.
(7) Subject to subsection (10), an authorised officer may, for the purposes of this Act (if necessary by the use of reasonable force) at all reasonable times, enter any premises and—
(a) require the production of any—
(i) licence, or
(ii) document or record, that he or she believes on reasonable grounds to be evidence of the exportation of goods or technology or the provision of brokering activities or technical assistance,
and inspect any such licence, document or record and, in the case of such licence, document or record being in a non-legible form, to produce or to facilitate the production of such licence, document or record in a legible form and take copies of or extracts from or remove and retain any such licence, document or record, for such period as may be reasonable for their examination or for the purposes of any proceedings in relation to an offence under this Act,
(b) require a person to give to the authorised officer such information as he or she may reasonably require for the purposes of his or her functions under this Act,
(c) carry out, or cause to be carried out, such examinations, tests, inspections and checks of the premises, goods or technology or any other article at the premises as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act,
(d) take samples of goods or technology found at the premises for the purposes of analysis and examination, as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act,
(e) secure for later inspection any premises or part of any premises or any equipment found at such premises for such period as may reasonably be necessary for the purposes of his or her functions under this Act,
(f) exercise such other powers as may be necessary to ensure compliance with this Act.
(8) Where, upon reasonable grounds, an authorised officer believes that a person has committed an offence under this Act he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.
(9) An authorised officer may be assisted in the exercise of his or her functions under this Act by such other person as the authorised officer considers necessary, including a member of the Garda Síochána.
(10) An authorised officer shall not, except with the consent of the occupier or person in charge, enter a private dwelling unless he or she has obtained a warrant in accordance with subsection (11).
(11) Without prejudice to the powers conferred on an authorised officer by or under any other provision of this section, if a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for suspecting that—
(a) there is information or records required by an authorised officer for the purpose of this Act held in, at or on any premises, or
(b) there are goods or technology or any other article that an authorised officer requires to inspect for the purposes of this Act, or that such an inspection is likely to disclose evidence of a contravention of this Act,
then the judge may issue a warrant authorising an authorised officer, accompanied if necessary, by other authorised officers or other persons including members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, to enter the premises, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer by or under this Act.
(12) An application for a warrant under subsection (11) shall be made to the judge of the District Court in the district court district in which the premises is situated.
(13) A person commits an offence if he or she—
(a) obstructs or impedes—
(i) an authorised officer in the exercise of his or her powers under this section, or
(ii) a person assisting an authorised officer pursuant to subsection (9),
(b) without reasonable excuse, refuses or fails to comply with a requirement made under subsection (7)(b) or (8),
(c) makes a statement or furnishes information to an authorised officer which, to his or her knowledge, is false or misleading in a material respect, or
(d) alters, suppresses or destroys any documents or records which the person concerned has been required to produce, or may reasonably expect to be required to produce.
Offences.
8.— (1) A person who—
(a) contravenes an order under section 3 , 4 or 5 ,
(b) contravenes the terms of a licence,
(c) contravenes a regulation under section 6 (6), or
(d) contravenes section 6 (8),
commits an offence and is liable—
(i) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months, or to both, or
(ii) on conviction on indictment—
(I) to a fine not exceeding the greater of €10,000,000 or, where relevant, 3 times the value of the goods or technology concerned in respect of which the offence was committed, or
(II) to imprisonment for a term not exceeding 5 years,
or to both such fine and such imprisonment.
(2) A person who commits an offence under section 7 (13) is liable—
(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months, or to both, or
(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 3 years, or to both.
(3) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or any other person who was acting or purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
Annual Report.
9.— The Minister shall, as soon as practicable after the end of each year (beginning with the year ending 31 December 2008) prepare and lay before each House of the Oireachtas a report on the operation in the preceding year of matters within this Act.
Expenses.
10.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Repeal and saver.
11.—(1) The Control of Exports Act 1983 is repealed.
(2) Notwithstanding subsection (1), the Control of Exports Order 2005 ( S.I. No. 884 of 2005 ) continues in force after the commencement of that subsection.
Short title and commencement.
12.—(1) This Act may be cited as the Control of Exports Act 2008.
(2) This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions.
Control of Exports (Brokering Activities, Goods and Technology) Order 2018
“Iris Oifigiúil” of 21st September, 2018.
I, HEATHER HUMPHREYS, Minister for Business, Enterprise and Innovation, in exercise of the powers conferred on me by sections 3 and 4 of the Control of Exports Act 2008 (No. 1 of 2008) hereby order as follows:
1. (1) This Order may be cited as the Control of Exports (Brokering Activities, Goods and Technology) Order 2018.
2. (1) In this Order—
“firearm certificate” means a firearm certificate granted in accordance with the Firearms Acts 1925 to 2007 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 2006 (No. 20 of 2006);
“Permanent Defence Force” has the meaning assigned to it by the Defence Act 1954 (No. 18 of 1954);
“third country” means a country, territory, dependency or other place that is not a Member State.
“controlled goods” means goods and technology specified in the Schedule
(2) A reference in the Schedule to a Chemical Abstracts Service Registry Number, or the 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. A person shall not carry on or otherwise engage in any brokering activities relating to any controlled goods from—
(a) one third country to another third country,
(b) from the State to a third country, or
(c) from another Member State to a third country,
unless a licence has been granted to that person in respect of each brokering activity carried on or otherwise engaged in by that person.
4. Subject to Article 5, the exportation to a third country of any goods or technology, or both, specified in the Schedule is prohibited save under, and in accordance with, a licence.
5. Article 4 shall not apply to the exportation to a third country—
(a) of any goods or technology, or both, specified in the Schedule by the Permanent Defence Force or the Garda Síochána—
(i) for use by an International United Nations Force in the course of its duties as such,
(ii) for the purposes of such goods or technology, or both, being repaired, overhauled, refitted, modified, tested or maintained, and returned to the State,
(iii) for the purposes of such goods or technology, or both, being used at international military competitions, or
(iv) for the purposes of the testing of munitions,
(b) 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 in a third country who hold firearm certificates therefor, and ammunition therefor, not exceeding the amount shown on the document authorising their importation,
(c) 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 to a third country for use by their owners during a visit of not more than 6 months.
6. The exportation by the Permanent Defence Force or the Garda Síochána to a Member State of any goods or technology, or both, specified in the Schedule for—
(a) use by an International United Nations Force in the course of its duties as such,
(b) the purposes of such goods or technology, or both, being repaired, overhauled, refitted, modified, tested or maintained, and returned to the State,
(c) the purposes of such goods or technology, or both, being used at international military competitions, or
(d) the purposes of the testing of munitions,
may be made without a licence.
7. The Control of Exports (Brokering Activities) Order 2011 ( S.I. No. 86 of 2011 ) and the Control of Exports (Goods and Technology) Order 2012 ( S.I. No. 216 of 2012 ) are revoked.
SCHEDULE
Note 1 Terms in “quotations” are defined terms. Refer to ‘Definitions of Terms used in this List’ annexed to this List.
Note 2 In some instances chemicals are listed by name and CAS number. The list applies to chemicals of the same structural formula (including hydrates) regardless of name or CAS number. CAS numbers are shown to assist in identifying a particular chemical or mixture, 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.
ML1 Smooth-bore weapons with a calibre of less than 20mm, other arms and automatic weapons with a calibre of 12,7mm (calibre 0,50 inches) or less and accessories, as follows, and specially designed components therefor:
Note ML1. does not apply to:
a. Firearms specially designed for dummy ammunition and which are incapable of discharging a projectile;
b. Firearms specially designed to launch tethered projectiles having no high explosive charge or communications link, to a range of less than or equal to 500m;
c. Weapons using non-centre fire cased ammunition and which are not of the fully automatic firing type;
d. “Deactivated firearms”.
a. Rifles and combination guns, handguns, machine, sub-machine and volley guns;
Note ML1.a. does not apply to the following:
a. Rifles and combination guns, manufactured earlier than 1938;
b. Reproductions of rifles and combination guns, the originals of which were manufactured earlier than 1890;
c. Handguns, volley guns and machine guns manufactured earlier than 1890, and their reproductions;
d. Rifles or handguns, specially designed to discharge an inert projectile by compressed air or CO2.
b. Smooth-bore weapons as follows:
1. Smooth-bore weapons specially designed for military use;
2. Other smooth-bore weapons as follows:
a. Fully automatic type weapons;
b. Semi-automatic or pump-action type weapons;
Note ML1.b.2. does not apply to weapons specially designed to discharge an inert projectile by compressed air or CO2.
Note ML1.b. does not apply to the following:
a. Smooth-bore weapons manufactured earlier than 1938;
b. Reproductions of smooth-bore weapons, the originals of which were manufactured earlier than 1890;
c. Smooth-bore weapons used for hunting or sporting purposes. These weapons must not be specially designed for military use or of the fully automatic firing type;
d. Smooth-bore weapons specially designed for any of the following:
1. Slaughtering of domestic animals;
2. Tranquilizing of animals;
3. Seismic testing;
4. Firing of industrial projectiles; or
5. Disrupting Improvised Explosive Devices (IEDs).
N.B. For disruptors, see ML4. and entry 1A006 on the EU Dual- Use List.
c. Weapons using caseless ammunition;
d. Accessories designed for arms specified by ML1.a., ML1.b. or ML1.c., as follows:
1. Detachable cartridge magazines;
2. Sound suppressors or moderators;
3. Special gun-mountings;
4. Flash suppressors;
5. Optical weapon-sights with electronic image processing;
6. Optical weapon-sights specially designed for military use;
ML2 Smooth-bore weapons with a calibre of 20mm or more, other weapons or armament with a calibre greater than 12,7mm (calibre 0,50 inches), projectors and accessories, as follows, and specially designed components therefor:
a. Guns, howitzers, cannon, mortars, anti-tank weapons, projectile launchers, military flame throwers, rifles, recoilless rifles, smooth-bore weapons and signature reduction devices therefor;
Note 1 ML2.a. includes injectors, metering devices, storage tanks and other specially designed components for use with liquid propelling charges for any of the equipment specified by ML2.a.
Note 2 ML2.a. does not apply to weapons as follows:
a. Rifles, smooth-bore weapons and combination guns, manufactured earlier than 1938;
b. Reproductions of rifles, smooth-bore weapons and combination guns, the originals of which were manufactured earlier than 1890;
c. Guns, howitzers, cannons and mortars, manufactured earlier than 1890;
d. Smooth-bore weapons used for hunting or sporting purposes. These weapons must not be specially designed for military use or of the fully automatic firing type;
e. Smooth-bore weapons specially designed for any of the following:
1. Slaughtering of domestic animals;
2. Tranquilizing of animals;
3. Seismic testing;
4. Firing of industrial projectiles; or
5. Disrupting Improvised Explosive Devices (IEDs);
N.B. For disruptors, see ML4. and entry 1A006 on the EU Dual-Use List.
f. Hand-held projectile launchers specially designed to launch tethered projectiles having no high explosive charge or communications link, to a range of less than or equal to 500m.
b. Smoke, gas and pyrotechnic projectors or generators, specially designed or modified for military use;
Note ML2.b. does not apply to signal pistols.
c. Weapons sights and weapon sight mounts, having all of the following:
1. Specially designed for military use; and
2. Specially designed for weapons specified in ML2.a.;
d. Mountings and detachable cartridge magazines, specially designed for the weapons specified in ML2.a.
ML3 Ammunition and fuze setting devices, as follows, and specially designed components therefor:
a. Ammunition for weapons specified by ML1, ML2 or ML12;
b. Fuze setting devices specially designed for ammunition specified by ML3.a.
Note 1 Specially designed components specified by ML3 include:
a. Metal or plastic fabrications such as primer anvils, bullet cups, cartridge links, rotating bands and munitions metal parts;
b. Safing and arming devices, fuzes, sensors and initiation devices;
c. Power supplies with high one-time operational output;
d. Combustible cases for charges;
e. Submunitions including bomblets, minelets and terminally guided projectiles.
Note 2 ML3.a. does not apply to any of the following:
a. Ammunition crimped without a projectile (blank star);
b. Dummy ammunition with a pierced powder chamber;
c. Other blank and dummy ammunition, not incorporating components designed for live ammunition; or
d. Components specially designed for blank or dummy ammunition, specified in this Note 2.a., b. or c.
Note 3 ML3.a. does not apply to cartridges specially designed for any of the following purposes:
a. Signalling;
b. Bird scaring; or
a. Lighting of gas flares at oil wells.
ML4 Bombs, torpedoes, rockets, missiles, other explosive devices and charges and related equipment and accessories, as follows, and specially designed components therefor:
N.B.1: For guidance and navigation equipment, see ML11.
N.B.2: For Aircraft Missile Protection Systems (AMPS), see ML4.c.
a. Bombs, torpedoes, grenades, smoke canisters, rockets, mines, missiles, depth charges, demolition-charges, demolition-devices, demolition-kits, “pyrotechnic” devices, cartridges and simulators (i.e. equipment simulating the characteristics of any of these items), specially designed for military use;
Note ML4.a. includes:
a. Smoke grenades, fire bombs, incendiary bombs and explosive devices;
b. Missile rocket nozzles and re-entry vehicle nosetips.
b. Equipment having all of the following:
1. Specially designed for military use; and
2. Specially designed for ‘activities’ relating to any of the following:
a. Items specified by ML4.a.; or
b. Improvised Explosive Devices (IEDs).
Technical Note:
For the purpose of ML4.b.2. ‘activities’ applies to handling, launching, laying, controlling, discharging, detonating, activating, powering with one-time operational output, decoying, jamming, sweeping, detecting, disrupting or disposing.
Note 1 ML4.b. includes:
a. Mobile gas liquefying equipment capable of producing 1,000kg or more per day of gas in liquid form;
b. Buoyant electric conducting cable suitable for sweeping magnetic mines.
Note 2 ML4.b. does not apply to hand-held devices, limited by design solely to the detection of metal objects and incapable of distinguishing between mines and other metal objects.
c. Aircraft Missile Protection Systems (AMPS).
Note ML4.c. does not apply to AMPS having all of the following:
a. Any of the following missile warning sensors:
1. Passive sensors having peak response between 100-400 nm; or
2. Active pulsed Doppler missile warning sensors;
b. Countermeasures dispensing systems;
c. Flares, which exhibit both a visible signature and an infrared signature, for decoying surface-to-air missiles; and
d. Installed on “civil aircraft” and having all of the following:
1. The AMPS is only operable in a specific “civil aircraft” in which the specific AMPS is installed and for which any of the following has been issued:
a. A civil Type Certificate issued by civil aviation authorities of one or more EU Member States or Wassenaar Arrangement Participating States; or
b. An equivalent document recognised by the International Civil Aviation Organisation (ICAO);
2. The AMPS employs protection to prevent unauthorised access to “software”; and
3. The AMPS incorporates an active mechanism that forces the system not to function when it is removed from the “civil aircraft” in which it was installed.
ML5 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 by ML5.a. or ML5.b.;
Note For the purposes of ML5.c., countermeasure equipment includes detection equipment.
d. Field test or alignment equipment, specially designed for items specified by ML5.a., ML5.b. or ML5.c.
ML6 Ground vehicles and components, as follows:
N.B. For guidance and navigation equipment, see ML11.
a. Ground vehicles and components therefor, specially designed or modified for military use;
Technical Note
For the purposes of ML6.a. the term ground vehicles includes trailers.
b. Other ground vehicles and components, as follows:
1. Vehicles having all of the following:
a. Manufactured or fitted with materials or components to provide ballistic protection to level III (NIJ 0108.01, September 1985, or comparable national standard) or better;
b. A transmission to provide drive to both front and rear wheels simultaneously, including those vehicles having additional wheels for load bearing purposes whether driven or not;
c. Gross Vehicle Weight Rating (GVWR) greater than 4,500kg; and
d. Designed or modified for off-road use;
2. Components having all of the following:
a. Specially designed for vehicles specified in ML6.b.1.; and
b. Providing ballistic protection to level III (NIJ 0108.01, September 1985, or comparable national standard) or better.
N.B. See also ML13.a.
Note 1 ML6.a. 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 specified by ML4;
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 specified by ML6.a. entails a structural, electrical or mechanical change involving one or more components that are specially designed for military use. Such components include:
a. Pneumatic tyre casings of a kind specially designed to be bullet-proof;
b. Armoured protection of vital parts (e.g. fuel tanks or vehicle cabs);
c. Special reinforcements or mountings for weapons;
d. Black-out lighting.
Note 3 ML6 does not apply to civil vehicles designed or modified for transporting money or valuables.
Note 4 ML6. does not apply to vehicles that meet all of the following;
a. Were manufactured before 1946;
b. Do not have items specified by the EU Common Military List and manufactured after 1945, except for reproductions of original components or accessories for the vehicle; and
c. Do not incorporate weapons specified in ML1., ML2. or ML4. unless they are inoperable and incapable of discharging a projectile.
ML7 Chemical agents, “biological agents”, “riot control agents”, radioactive materials, related equipment, components and materials, as follows:
a. “Biological agents” or radioactive materials selected or modified to increase their effectiveness in producing casualties in humans or animals, degrading equipment or damaging crops or the environment;
b. Chemical warfare (CW) agents, including:
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 (Methyl, Ethyl, n-Propyl or Isopropyl) phosphoramidocyanidates, such as:
Tabun (GA):O-Ethyl N, N-dimethylphosphoramidocyanidate (CAS 77-81-6);
c. O-Alkyl (H or equal to or less than C10, including cycloalkyl) S-2-dialkyl (Methyl, Ethyl, n-Propyl or Isopropyl)-aminoethyl alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) phosphonothiolates and corresponding alkylated and protonated salts, such as:
VX: O-Ethyl S-2-diisopropylaminoethyl methyl phosphonothiolate (CAS 50782-69-9);
2. CW vesicant agents:
a. Sulphur mustards, such as:
1. 2-Chloroethylchloromethylsulphide (CAS 2625-76-5);
2. Bis(2-chloroethyl) sulphide (CAS 505-60-2);
3. Bis(2-chloroethylthio) methane (CAS 63869-13-6);
4. 1,2-bis (2-chloroethylthio) ethane (CAS 3563-36-8);
5. 1,3-bis (2-chloroethylthio) —n-propane (CAS 63905-10-2);
6. 1,4-bis (2-chloroethylthio) —n-butane (CAS 142868-93-7);
7. 1,5-bis (2-chloroethylthio) —n-pentane (CAS 142868-94-8);
8. Bis (2-chloroethylthiomethyl) ether (CAS 63918-90-1);
9. Bis (2-chloroethylthioethyl) ether (CAS 63918-89-8);
b. Lewisites, such as:
1. 2-chlorovinyldichloroarsine (CAS 541-25-3);
2. Tris (2-chlorovinyl) arsine (CAS 40334-70-1);
3. Bis (2-chlorovinyl) chloroarsine (CAS 40334-69-8);
c. Nitrogen mustards, such as:
1. HN1:bis (2-chloroethyl) ethylamine (CAS 538-07-8);
2. HN2:bis (2-chloroethyl) methylamine (CAS 51-75-2);
3. HN3: tris (2-chloroethyl) amine (CAS 555-77-1);
3. CW incapacitating agents, such as:
a. 3-Quinuclidinyl benzilate (BZ) (CAS 6581-06-2);
4. CW defoliants, such as:
a. Butyl 2-chloro-4-fluorophenoxyacetate (LNF);
b. 2,4,5-trichlorophenoxyacetic acid (CAS 93-76-5) mixed with 2,4-dichlorophenoxyacetic acid (CAS 94-75-7) (Agent Orange (CAS 39277-47-9));
c. CW binary precursors and key precursors, as follows:
1. Alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) Phosphonyl Difluorides, such as:
DF: Methyl Phosphonyldifluoride (CAS 676-99-3);
2. O-Alkyl (H or equal to or less than C10, including cycloalkyl) O-2-dialkyl (Methyl, Ethyl, n-Propyl or Isopropyl)-aminoethyl alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) phosphonites and corresponding alkylated and protonated salts, such as:
QL: O-Ethyl O-2-di-isopropylaminoethyl methylphosphonite (CAS 57856-11-8);
3. Chlorosarin: O-Isopropyl methylphosphonochloridate (CAS 1445-76-7);
4. Chlorosoman: O-Pinacolyl methylphosphonochloridate (CAS 7040-57-5);
d. “Riot control agents”, active constituent chemicals and combinations thereof, including:
1. α-Bromobenzeneacetonitrile, (Bromobenzyl cyanide) (CA) (CAS 5798-79-8);
2. [(2-chlorophenyl) methylene] propanedinitrile, (o-Chlorobenzylidenemalononitrile (CS) (CAS 2698-41-1);
3. 2-Chloro-1-phenylethanone, Phenylacyl chloride (ω-chloroacetophenone) (CN) (CAS 532-27-4);
4. Dibenz-(b, f)-1,4-oxazephine, (CR) (CAS 257-07-8);
5. 10-Chloro-5,10-dihydrophenarsazine, (Phenarsazine chloride), (Adamsite), (DM) (CAS 578-94-9);
6. N-Nonanoylmorpholine, (MPA) (CAS 5299-64-9);
Note 1 ML7.d. does not apply to “riot control agents” individually packaged for personal self-defence purposes.
Note 2 ML7.d. does not apply to active constituent chemicals, and combinations thereof, identified and packaged for food production or medical purposes.
e. Equipment specially designed or modified for military use, designed or modified for the dissemination of any of the following, and specially designed components therefor:
1. Materials or agents specified by ML7.a., ML7.b. or ML7.d.; or
2. CW agents made up of precursors specified by ML7.c.;
f. Protective and decontamination equipment, specially designed or modified for military use, components and chemical mixtures, as follows:
1. Equipment designed or modified for defence against materials specified by ML7.a., ML7.b. or ML7.d., and specially designed components therefor;
2. Equipment designed or modified for decontamination of objects contaminated with materials specified by ML7.a. or ML7.b., and specially designed components therefor;
3. Chemical mixtures specially developed or formulated for the decontamination of objects contaminated with materials specified by ML7.a. or ML7.b.;
Note ML7.f.1. includes:
a. Air conditioning units specially designed or modified for nuclear, biological or chemical filtration;
b. Protective clothing.
N.B. For civil gas masks, protective and decontamination equipment, see also entry 1A004 on the EU Dual-Use List.
g. Equipment specially designed or modified for military use designed or modified for the detection or identification of materials specified by ML7.a., ML7.b. or ML7.d., and specially designed components therefor;
Note ML7.g. does not apply to personal radiation monitoring dosimeters.
N.B. See also entry 1A004 on the EU Dual-Use List.
h. “Biopolymers” specially designed or processed for the detection or identification of CW agents specified by ML7.b., and the cultures of specific cells used to produce them;
i. “Biocatalysts” for the decontamination or degradation of CW agents, and biological systems therefor, as follows:
1. “Biocatalysts” specially designed for the decontamination or degradation of CW agents specified by ML7.b., and resulting from directed laboratory selection or genetic manipulation of biological systems;
2. Biological systems containing the genetic information specific to the production of “biocatalysts” specified by ML7.i.1., as follows:
a. “Expression vectors”;
b. Viruses;
c. Cultures of cells.
Note 1 ML7.b. and ML7.d. do not apply to the following:
a. Cyanogen chloride (CAS 506-77-4). See entry 1C450.a.5. on the EU Dual-Use List;
b. Hydrocyanic acid (CAS 74-90-8);
c. Chlorine (CAS 7782-50-5);
d. Carbonyl chloride (phosgene) (CAS 75-44-5). See entry 1C450.a.4. on the EU Dual-Use List;
e. Diphosgene (trichloromethyl-chloroformate) (CAS 503-38-8);
f. Not used since 2004;
g. Xylyl bromide, ortho: (CAS 89-92-9), meta: (CAS 620-13-3), para: (CAS 104-81-4);
h. Benzyl bromide (CAS 100-39-0);
i. Benzyl iodide (CAS 620-05-3);
j. Bromo acetone (CAS 598-31-2);
k. Cyanogen bromide (CAS 506-68-3);
l. Bromo methylethylketone (CAS 816-40-0);
m. Chloro acetone (CAS 78-95-5);
n. Ethyl iodoacetate (CAS 623-48-3);
o. Iodo acetone (CAS 3019-04-3);
p. Chloropicrin (CAS 76-06-2). See entry 1C450.a.7. on the EU Dual-Use List.
Note 2 The cultures of cells and biological systems specified by ML7.h. and ML7.i.2. are exclusive and these sub-items do not apply to cells or biological systems for civil purposes, such as agricultural, pharmaceutical, medical, veterinary, environmental, waste management, or in the food industry.
ML8 “Energetic materials”, and related substances, as follows:
N.B.1. See also entry 1C011 on the EU Dual-Use List.
N.B.2. For charges and devices, see ML4 and entry 1A008 on the EU Dual-Use List.
Technical Notes
1. For the purposes of ML8., excluding ML8.c.11. or ML8.c.12.,mixture’ refers to a composition of two or more substances with at least one substance being listed in the ML8 sub-items.
2. Any substance listed in the ML8 sub-items is subject to this list, even when utilised in an application other than that indicated. (e.g., TAGN is predominantly used as an explosive but can also be used either as a fuel or an oxidizer.)
3. For the purposes of ML8., particle size is the mean particle diameter on a weight or volume basis. International or equivalent national standards will be used in sampling and determining particle size.
a. “Explosives” as follows, and ‘mixtures’ thereof:
1. ADNBF (aminodinitrobenzofuroxan or 7-amino-4,6-dinitrobenzofurazane-1-oxide) (CAS 97096-78-1);
2. BNCP (cis-bis (5-nitrotetrazolato) tetra amine-cobalt (III) perchlorate) (CAS 117412-28-9);
3. CL-14 (diamino dinitrobenzofuroxan or 5,7-diamino-4,6-dinitrobenzofurazane-1-oxide) (CAS 117907-74-1);
4. CL-20 (HNIW or Hexanitrohexaazaisowurtzitane) (CAS 135285-90-4); chlathrates of CL-20 (see also ML8.g.3. and g.4. for its “precursors”);
5. CP (2-(5-cyanotetrazolato) penta amine-cobalt (III) perchlorate) (CAS 70247-32-4);
6. DADE (1,1-diamino-2,2-dinitroethylene, FOX7) (CAS 145250-81-3);
7. DATB (diaminotrinitrobenzene) (CAS 1630-08-6);
8. DDFP (1,4-dinitrodifurazanopiperazine);
9. DDPO (2,6-diamino-3,5-dinitropyrazine-1-oxide, PZO) (CAS 194486-77-6);
10. DIPAM (3,3-diamino-2,2’,4,4’,6,6-hexanitrobiphenyl or dipicramide) (CAS 17215-44-0);
11. DNGU (DINGU or dinitroglycoluril) (CAS 55510-04-8);
12. Furazans as follows:
a. DAAOF (DAAF, DAAFox, or diaminoazoxyfurazan);
b. DAAzF (diaminoazofurazan) (CAS 78644-90-3);
13. HMX and derivatives (see also ML8.g.5. for its “precursors”), as follows:
a. HMX (Cyclotetramethylenetetranitramine, octahydro-1,3,5,7-tetranitro-1,3,5,7-tetrazine, 1,3,5,7-tetranitro-1,3,5,7-tetraza-cyclooctane, octogen or octogene) (CAS 2691-41-0);
b. difluoroaminated analogs of HMX;
c. K-55 (2,4,6,8-tetranitro-2,4,6,8-tetraazabicyclo [3,3,0]-octanone-3, tetranitrosemiglycouril or keto-bicyclic HMX) (CAS 130256-72-3);
14. HNAD (hexanitroadamantane) (CAS 143850-71-9);
15. HNS (hexanitrostilbene) (CAS 20062-22-0);
16. Imidazoles as follows:
a. BNNII (Octahydro-2,5-bis(nitroimino) imidazo [4,5-d]imidazole);
b. DNI (2,4-dinitroimidazole) (CAS 5213-49-0);
c. FDIA (1-fluoro-2,4-dinitroimidazole);
d. NTDNIA (N-(2-nitrotriazolo)-2,4-dinitroimidazole);
e. PTIA (1-picryl-2,4,5-trinitroimidazole);
17. NTNMH (1-(2-nitrotriazolo)-2-dinitromethylene hydrazine);
18. NTO (ONTA or 3-nitro-1,2,4-triazol-5-one) (CAS 932-64-9);
19. Polynitrocubanes with more than four nitro groups;
20. PYX (2,6-Bis(picrylamino)-3,5-dinitropyridine) (CAS 38082-89-2);
21. RDX and derivatives, as follows:
a. RDX (cyclotrimethylenetrinitramine, cyclonite, T4, hexahydro-1,3,5-trinitro-1,3,5-triazine, 1,3,5-trinitro-1,3,5-triaza-cyclohexane, hexogen or hexogene) (CAS 121-82-4);
b. Keto-RDX (K-6 or 2,4,6-trinitro-2,4,6-triazacyclohexanone) (CAS 115029-35-1);
22. TAGN (triaminoguanidinenitrate) (CAS 4000-16-2);
23. TATB (triaminotrinitrobenzene) (CAS 3058-38-6) (see also ML8.g.7 for its “precursors”);
24. TEDDZ (3,3,7,7-tetrabis(difluoroamine) octahydro-1,5-dinitro-1,5-diazocine);
25. Tetrazoles as follows:
a. NTAT (nitrotriazol aminotetrazole);
b. NTNT (1-N-(2-nitrotriazolo)-4-nitrotetrazole);
26. Tetryl (trinitrophenylmethylnitramine) (CAS 479-45-8);
27. TNAD (1,4,5,8-tetranitro-1,4,5,8-tetraazadecalin) (CAS 135877-16-6) (see also ML8.g.6. for its “precursors”);
28. TNAZ (1,3,3-trinitroazetidine) (CAS 97645-24-4) (see also ML8.g.2. for its “precursors”);
29. TNGU (SORGUYL or tetranitroglycoluril) (CAS 55510-03-7);
30. TNP (1,4,5,8-tetranitro-pyridazino[4,5-d]pyridazine) (CAS 229176-04-9);
31. Triazines as follows:
a. DNAM (2-oxy-4,6-dinitroamino-s-triazine) (CAS 19899-80-0);
b. NNHT (2-nitroimino-5-nitro-hexahydro-1,3,5-triazine) (CAS 130400-13-4);
32. Triazoles as follows:
a. 5-azido-2-nitrotriazole;
b. ADHTDN (4-amino-3,5-dihydrazino-1,2,4-triazole dinitramide) (CAS 1614-08-0);
c. ADNT (1-amino-3,5-dinitro-1,2,4-triazole);
d. BDNTA ([bis-dinitrotriazole]amine);
e. DBT (3,3′-dinitro-5,5-bi-1,2,4-triazole) (CAS 30003-46-4);
f. DNBT (dinitrobistriazole) (CAS 70890-46-9);
g. Not used since 2010;
h. NTDNT (1-N-(2-nitrotriazolo) 3,5-dinitrotriazole);
i. PDNT (1-picryl-3,5-dinitrotriazole);
j. TACOT (tetranitrobenzotriazolobenzotriazole) (CAS 25243-36-1);
33. Explosives not listed elsewhere in ML8.a. and having any of the following:
a. Detonation velocity exceeding 8,700m/s, at maximum density, or
b. Detonation pressure exceeding 34 GPa (340 kbar);
34. Not used since 2013;
35. DNAN (2,4-dinitroanisole) (CAS 119-27-7);
36. TEX (4,10-Dinitro-2,6,8,12-tetraoxa-4,10-diazaisowurtzitane)
37. GUDN (Guanylurea dinitramide) FOX-12 (CAS 217464-38-5)
38. Tetrazines as follows:
a. BTAT (Bis(2,2,2-trinitroethyl)-3,6-diaminotetrazine);
b. LAX-112 (3,6-diamino-1,2,4,5-tetrazine-1,4-dioxide);
39. Energetic ionic materials melting between 343 K (70°C) and 373K (100°C) and with detonation velocity exceeding 6,800m/s or detonation pressure exceeding 18 GPa (180 kbar);
40. BTNEN (Bis(2,2,2-trinitroethyl)-nitramine) (CAS 19836-28-3);
41. FTDO (5,6-(3’,4-furazano)- 1,2,3,4-tetrazine-1,3-dioxide);
42. EDNA (Ethylenedinitramine) (CAS 505-71-5);
Note ML8.a. includes ‘explosive co-crystals’.
Technical Note
An ‘explosive co-crystal’ is a solid material consisting of an ordered three dimensional arrangement of two or more explosive molecules, where at least one is specified in ML8.a.
b. “Propellants” as follows:
1. Any solid “propellant” with a theoretical specific impulse (under standard conditions) of more than:
a. 240 seconds for non-metallized, non-halogenized “propellant”;
b. 250 seconds for non-metallized, halogenized “propellant”; or
c. 260 seconds for metallized “propellant”;
2. Not used since 2013;
3. “Propellants” having a force constant of more than 1,200 kJ/kg;
4. “Propellants” that can sustain a steady-state linear burning rate of more than 38mm/s under standard conditions (as measured in the form of an inhibited single strand) of 6,89 MPa (68,9 bar) pressure and 294K (21°C);
5. Elastomer Modified Cast Double Base (EMCDB) “propellants” with extensibility at maximum stress of more than 5% at 233K (- 40°C);
6. Any “propellant” containing substances specified by ML8.a.;
7. “Propellants”, not specified elsewhere in the EU Common Military List, specially designed for military use;
c. “Pyrotechnics”, fuels and related substances, as follows, and ‘mixtures’ thereof:
1. “Aircraft” fuels specially formulated for military purposes;
Note 1 ML8.c.1 does not apply to the following “aircraft” fuels: JP-4, JP-5, and JP-8.
Note 2 “Aircraft” fuels specified by ML8.c.1. are finished products, not their constituents.
2. Alane (aluminium hydride) (CAS 7784-21-6);
3. Boranes, as follows, and their derivatives:
a. Carboranes;
b. Borane homologues, as follows:
1. Decaborane (14) (CAS 17702-41-9);
2. Pentaborane (9) (CAS 19624-22-7);
3. Pentaborane (11) (CAS 18433-84-6);
4. Hydrazine and derivatives, as follows (see also ML8.d.8. and d.9. for oxidising hydrazine derivatives):
a. Hydrazine (CAS 302-01-2) in concentrations of 70% or more;
b. Monomethyl hydrazine (CAS 60-34-4);
c. Symmetrical dimethyl hydrazine (CAS 540-73-8);
d. Unsymmetrical dimethyl hydrazine (CAS 57-14-7);
Note ML8.c.4.a. does not apply to hydrazine ‘mixtures’ specially formulated for corrosion control.
5. Metal fuels, fuel ‘mixtures’ or “pyrotechnic” ‘mixtures’, in particle form whether spherical, atomised, spheroidal, flaked or ground, manufactured from material consisting of 99% or more of any of the following:
a. Metals, as follows, and ‘mixtures’ thereof:
1. Beryllium (CAS 7440-41-7) in particle sizes of less than 60 μm;
2. Iron powder (CAS 7439-89-6) with particle size of 3 μm or less produced by reduction of iron oxide with hydrogen;
b. ‘Mixtures’ containing any of the following:
1. Zirconium (CAS 7440-67-7), magnesium (CAS 7439-95-4) or alloys of these in particle sizes of less than 60 μm; or
2. Boron (CAS 7440-42-8) or boron carbide (CAS 12069-32-8) fuels of 85% purity or higher and particle sizes of less than 60 μm;
Note 1 ML8.c.5. applies to “explosives” and fuels, whether or not the metals or alloys are encapsulated in aluminium, magnesium, zirconium, or beryllium.
Note 2 ML8.c.5.b. only applies to metal fuels in particle form when they are mixed with other substances to form a ‘mixture’ formulated for military purposes such as liquid “propellant” slurries, solid “propellants”, or “pyrotechnic” ‘mixtures’.
Note 3 ML8.c.5.b.2. does not apply to boron and boron carbide enriched with boron-10 (20% or more of total boron-10 content.)
6. Military materials, containing thickeners for hydrocarbon fuels, specially formulated for use in flame throwers or incendiary munitions, such as metal stearates (e.g., octal (CAS 637-12-7)) or palmitates;
7. Perchlorates, chlorates and chromates, composited with powdered metal or other high energy fuel components;
8. Spherical or spheroidal aluminium powder (CAS 7429-90-5) with a particle size of 60 μm or less and manufactured from material with an aluminium content of 99% or more;
9. Titanium subhydride (TiHn) of stoichiometry equivalent to n = 0,65-1,68;
10. Liquid high energy density fuels not specified in ML8.c.1., as follows:
a. Mixed fuels, that incorporate both solid and liquid fuels (e.g., boron slurry), having a mass-based energy density of 40 MJ/kg or greater;
b. Other high energy density fuels and fuel additives (e.g., cubane, ionic solutions, JP-7, JP-10), having a volume-based energy density of 37,5 GJ per cubic meter or greater, measured at 293 K (20°C) and one atmosphere (101,325 kPa) pressure;
Note ML8.c.10.b. does not apply to fossil refined fuels or biofuels, or fuels for engines certified for use in civil aviation.
11. “Pyrotechnic” and pyrophoric materials, as follows:
a. “Pyrotechnic” or pyrophoric materials specifically formulated to enhance or control the production of radiated energy in any part of the IR spectrum;
b. Mixtures of magnesium, polytetrafluoroethylene (PTFE) and a vinylidene difluoride-hexafluoropropylene copolymer (e.g., MTV);
12. Fuel mixtures, “pyrotechnic” mixtures or “energetic materials”, not specified elsewhere in ML8, having all of the following:
a. Containing greater than 0,5% of particles of any of the following:
1. Aluminium;
2. Beryllium;
3. Boron;
4. Zirconium;
5. Magnesium; or
6. Titanium;
b. Particles specified by ML8.c.12.a. with a size less than 200 nm in any direction; and
c. Particles specified by ML8.c.12.a. with a metal content of 60% or greater;
d. Oxidizers, as follows, and ‘mixtures’ thereof:
1. ADN (ammonium dinitramide or SR 12) (CAS 140456-78-6);
2. AP (ammonium perchlorate) (CAS 7790-98-9);
3. Compounds composed of fluorine and any of the following:
a. Other halogens;
b. Oxygen; or
c. Nitrogen;
Note 1 ML8.d.3. does not apply to chlorine trifluoride (CAS 7790-91-2).
Note 2 ML8.d.3 does not apply to nitrogen trifluoride (CAS 7783-54-2) in its gaseous state.
4. DNAD (1,3-dinitro-1,3-diazetidine) (CAS 78246-06-7);
5. HAN (hydroxylammonium nitrate) (CAS 13465-08-2);
6. HAP (hydroxylammonium perchlorate) (CAS 15588-62-2);
7. HNF (hydrazinium nitroformate) (CAS 20773-28-8);
8. Hydrazine nitrate (CAS 37836-27-4);
9. Hydrazine perchlorate (CAS 27978-54-7);
10. Liquid oxidisers comprised of or containing inhibited red fuming nitric acid (IRFNA) (CAS 8007-58-7);
Note ML8.d.10 does not apply to non-inhibited fuming nitric acid.
e. Binders, plasticisers, monomers and polymers, as follows:
1. AMMO (azidomethylmethyloxetane and its polymers) (CAS 90683-29-7) (see also ML8.g.1. for its “precursors”);
2. BAMO (3,3-bis(azidomethyl) oxetane and its polymers) (CAS 17607-20-4) (see also ML8.g.1. for its “precursors”);
3. BDNPA (bis (2,2-dinitropropyl) acetal) (CAS 5108-69-0);
4. BDNPF (bis (2,2-dinitropropyl) formal) (CAS 5917-61-3);
5. BTTN (butanetrioltrinitrate) (CAS 6659-60-5) (see also ML8.g.8. for its “precursors”);
6. Energetic monomers, plasticizers or polymers, specially formulated for military use and containing any of the following;
a. Nitro groups;
b. Azido groups;
c. Nitrate groups;
d. Nitraza groups; or
e. Difluoroamino groups;
7. FAMAO (3-difluoroaminomethyl-3-azidomethyl oxetane) and its polymers;
8. FEFO (bis-(2-fluoro-2,2-dinitroethyl) formal) (CAS 17003-79-1);
9. FPF-1 (poly-2,2,3,3,4,4-hexafluoropentane-1,5-diol formal) (CAS 376-90-9);
10. FPF-3 (poly-2,4,4,5,5,6,6-heptafluoro-2-tri-fluoromethyl-3-oxaheptane-1,7-diol formal);
11. GAP (glycidylazide polymer) (CAS 143178-24-9) and its derivatives;
12. HTPB (hydroxyl terminated polybutadiene) with a hydroxyl functionality equal to or greater than 2,2 and less than or equal to 2,4, a hydroxyl value of less than 0,77 meq/g, and a viscosity at 30°C of less than 47 poise (CAS 69102-90-5);
13. Alcohol functionalised poly(epichlorohydrin) with a molecular weight less than 10,000, as follows:
a. Poly(epichlorohydrindiol);
b. Poly(epichlorohydrintriol)
14. NENAs (nitratoethylnitramine compounds) (CAS 17096-47-8, 85068-73-1, 82486-83-7, 82486-82-6 and 85954-06-9);
15. PGN (poly-GLYN, polyglycidylnitrate or poly(nitratomethyl oxirane)) (CAS 27814-48-8);
16. Poly-NIMMO (poly (nitratomethylmethyloxetane), poly-NMMO or poly(3-Nitratomethyl-3-methyloxetane)) (CAS 84051-81-0);
17. Polynitroorthocarbonates;
18. TVOPA (1,2,3-tris[1,2-bis(difluoroamino) ethoxy] propane or tris vinoxy propane adduct) (CAS 53159-39-0);
19. 4,5 diazidomethyl-2-methyl-1,2,3-triazole (iso- DAMTR);
20. PNO (Poly(3-nitrato oxetane));
21. TMETN (Trimethylolethane trinitrate) (CAS 3032-55-1);
f. “Additives” as follows:
1. Basic copper salicylate (CAS 62320-94-9);
2. BHEGA (bis-(2-hydroxyethyl) glycolamide) (CAS 17409-41-5);
3. BNO (butadienenitrileoxide);
4. Ferrocene derivatives as follows:
a. Butacene (CAS 125856-62-4);
b. Catocene (2,2-bis-ethylferrocenyl propane) (CAS 37206-42-1);
c. Ferrocene carboxylic acids and ferrocene carboxylic acid esters;
d. n-butyl-ferrocene (CAS 31904-29-7);
e. Other adducted polymer ferrocene derivatives not specified elsewhere in ML8.f.4.;
f. Ethyl ferrocene (CAS 1273-89-8);
g. Propyl ferrocene;
h. Pentyl ferrocene (CAS 1274-00-6);
i. Dicyclopentyl ferrocene;
j. Dicyclohexyl ferrocene;
k. Diethyl ferrocene (CAS 1273-97-8);
l. Dipropyl ferrocene;
m. Dibutyl ferrocene (CAS 1274-08-4);
n. Dihexyl ferrocene (CAS 93894-59-8);
o. Acetyl ferrocene (CAS 1271-55-2)/1,1’-diacetyl ferrocene (CAS 1273-94-5);
5. Lead beta-resorcylate (CAS 20936-32-7) or copper beta-resorcylate (CAS 70983-44-7);
6. Lead citrate (CAS 14450-60-3);
7. Lead-copper chelates of beta-resorcylate or salicylates (CAS 68411-07-4);
8. Lead maleate (CAS 19136-34-6);
9. Lead salicylate (CAS 15748-73-9);
10. Lead stannate (CAS 12036-31-6);
11. MAPO (tris-1-(2-methyl) aziridinyl phosphine oxide) (CAS 57-39-6); BOBBA 8 (bis(2-methyl aziridinyl) 2-(2-hydroxypropanoxy) propylamino phosphine oxide); and other MAPO derivatives;
12. Methyl BAPO (bis(2-methyl aziridinyl) methylamino phosphine oxide) (CAS 85068-72-0);
13. N-methyl-p-nitroaniline (CAS 100-15-2);
14. 3-Nitraza-1,5-pentane diisocyanate (CAS 7406-61-9);
15. Organo-metallic coupling agents as follows:
a. Neopentyl[diallyl]oxy, tri[dioctyl]phosphato-titanate (CAS 103850-22-2); also known as titanium IV, 2,2[bis 2-propenolato-methyl, butanolato, tris (dioctyl) phosphato] (CAS 110438-25-0); or LICA 12 (CAS 103850-22-2);
b. Titanium IV, [(2-propenolato-1) methyl, n-propanolatomethyl] butanolato-1, tris[dioctyl] pyrophosphate or KR3538;
c. Titanium IV, [(2-propenolato-1) methyl, n-propanolatomethyl] butanolato-1, tris(dioctyl) phosphate;
16. Polycyanodifluoroaminoethyleneoxide;
17. Bonding agents as follows:
a. 1,1R,1S-trimesoyl-tris(2-ethylaziridine) (HX-868, BITA) (CAS 7722-73-8);
b. Polyfunctional aziridine amides with isophthalic, trimesic, isocyanuric or trimethyladipic backbone also having a 2-methyl or 2-ethyl aziridine group;
Note Item ML.8.f.17.b. includes:
a. 1,1H-Isophthaloyl-bis(2-methylaziridine)(HX-752) (CAS 7652-64-4);
b. 2,4,6-tris(2-ethyl-1-aziridinyl)-1,3,5-triazine (HX-874) (CAS 18924-91-9);
c. 1,1-trimethyladipoyl-bis(2-ethylaziridine) (HX-877)(CAS 71463-62-2).
18. Propyleneimine (2-methylaziridine) (CAS 75-55-8);
19. Superfine iron oxide (Fe2O3) (CAS 1317-60-8) with a specific surface area more than 250m2/g and an average particle size of 3,0 nm or less;
20. TEPAN (tetraethylenepentaamineacrylonitrile) (CAS 68412-45-3); cyanoethylated polyamines and their salts;
21. TEPANOL (tetraethylenepentaamineacrylonitrileglycidol) (CAS 68412-46-4); cyanoethylated polyamines adducted with glycidol and their salts;
22. TPB (triphenyl bismuth) (CAS 603-33-8);
23. TEPB (Tris (ethoxyphenyl) bismuth) (CAS 90591-48-3);
g. “Precursors” as follows:
N.B. In ML8.g. the references are to specified “Energetic Materials” manufactured from these substances.
1. BCMO (3,3-bis(chloromethyl) oxetane) (CAS 78-71-7) (see also ML8.e.1. and e.2.);
2. Dinitroazetidine-t-butyl salt (CAS 125735-38-8) (see also ML8.a.28.);
3. Hexaazaisowurtzitane derivates including HBIW (hexabenzylhexaazaisowurtzitane) (CAS 124782-15-6) (see also ML8.a.4.) and TAIW (tetraacetyldibenzylhexaazaisowurtzitane) (CAS 182763-60-6) (see also ML8.a.4.);
4. Not used since 2013;
5. TAT (1,3,5,7 tetraacetyl-1,3,5,7,-tetraaza cyclo-octane) (CAS 41378-98-7) (see also ML8.a.13.);
6. 1,4,5,8-tetraazadecalin (CAS 5409-42-7) (see also ML8.a.27.);
7. 1,3,5-trichlorobenzene (CAS 108-70-3) (see also ML8.a.23.);
8. 1,2,4-trihydroxybutane (1,2,4-butanetriol) (CAS 3068-00-6) (see also ML8.e.5.);
9. DADN (1,5-diacetyl-3,7-dinitro-1, 3, 5, 7-tetraaza-cyclooctane) (see also ML8.a.13.).
h. ‘Reactive material’ powders and shapes, as follows:
1. Powders of any of the following materials, with a particle size less than 250 μm in any direction and not specified elsewhere by ML8:
a. Aluminium;
b. Niobium;
c. Boron;
d. Zirconium;
e. Magnesium;
f. Titanium;
g. Tantalum;
h. Tungsten;
i. Molybdenum; or
j. Hafnium;
2. Shapes, not specified by ML3, ML4, ML12 or ML16, fabricated from powders specified by ML8.h.1.
Technical Notes
1. ‘Reactive materials’ are designed to produce an exothermic reaction only at high shear rates and for use as liners or casings in warheads.
2. ‘Reactive material’ powders are produced by, for example, a high energy ball milling process.
3. ‘Reactive material’ shapes are produced by, for example, selective laser sintering.
Note 1 ML8 does not apply to the following substances unless they are compounded or mixed with the “energetic material” specified by ML8.a. or powdered metals specified by ML8.c.:
a. Ammonium picrate (CAS 131-74-8);
b. Black powder;
c. Hexanitrodiphenylamine (CAS 131-73-7);
d. Difluoroamine(CAS 10405-27-3);
e. Nitrostarch (CAS9056-38-6);
f. Potassium nitrate (CAS 7757-79-1);
g. Tetranitronaphthalene;
h. Trinitroanisol;
i. Trinitronaphthalene;
j. Trinitroxylene;
k. N-pyrrolidinone; 1-methyl-2-pyrrolidinone (CAS 872-50-4);
l. Dioctylmaleate (CAS 142-16-5);
m. Ethylhexylacrylate (CAS 103-11-7);
n. Triethylaluminium (TEA) (CAS 97-93-8), trimethylaluminium (TMA) (CAS 75-24-1), and other pyrophoric metal alkyls and aryls of lithium, sodium, magnesium, zinc or boron;
o. Nitrocellulose (CAS 9004-70-0);
p. Nitroglycerin (or glyceroltrinitrate, trinitroglycerine) (NG) (CAS 55-63-0);
q. 2,4,6-trinitrotoluene (TNT) (CAS 118-96-7);
r. Ethylenediaminedinitrate (EDDN) (CAS 20829-66-7);
s. Pentaerythritoltetranitrate (PETN) (CAS 78-11-5);
t. Lead azide (CAS 13424-46-9), normal lead styphnate(CAS 15245-44-0) and basic lead styphnate (CAS 12403-82-6), and primary explosives or priming compositions containing azides or azide complexes;
u. Triethyleneglycoldinitrate (TEGDN)(CAS 111-22-8);
v. 2,4,6-trinitroresorcinol (styphnic acid) (CAS 82-71-3);
w. Diethyldiphenylurea (CAS 85-98-3); dimethyldiphenylurea(CAS 611-92-7); methylethyldiphenyl urea [Centralites];
x. N, N-diphenylurea (unsymmetrical diphenylurea) (CAS 603-54-3);
y. Methyl-N, N-diphenylurea (methyl unsymmetrical diphenylurea)(CAS 13114-72-2);
z. Ethyl-N, N-diphenylurea (ethyl unsymmetrical diphenylurea) (CAS 64544-71-4);
aa. 2-Nitrodiphenylamine (2-NDPA)(CAS 119-75-5);
bb. 4-Nitrodiphenylamine (4-NDPA)(CAS 836-30-6);
cc. 2,2-dinitropropanol (CAS 918-52-5);
dd. Nitroguanidine (CAS 556-88-7) (see entry 1C011.d. on the EU Dual-Use List).
Note 2 ML8. does not apply to ammonium perchlorate (ML8.d.2.), NTO (ML8.a.18.) or catocene (ML8.f.4.b.), and meeting all of the following:
a. Specially shaped and formulated for civil-use gas generation devices;
b. Compounded or mixed, with non-active thermoset binders or plasticizers, and having a mass of less than 250g;
c. Having a maximum of 80% ammonium perchlorate (ML8.d.2.) in mass of active material;
d. Having less than or equal to 4g of NTO (ML8.a.18.); and
e. Having less than or equal to 1g of catocene (ML8.f.4.b.).
ML9 Vessels of war (surface or underwater), special naval equipment, accessories, components and other surface vessels, as follows:
N.B. For guidance and navigation equipment, see ML11.
a. Vessels and components, as follows:
1. Vessels (surface or underwater) specially designed or modified for military use, regardless of current state of repair or operating condition, and whether or not they contain weapon delivery systems or armour, and hulls or parts of hulls for such vessels, and components therefor specially designed for military use;
2. Surface vessels, other than those specified in ML9.a.1., having any of the following, fixed or integrated into the vessel:
a. Automatic weapons— specified in ML1., or weapons specified in ML2., ML4., ML12. or ML19., or ‘mountings’ or hard points for weapons having a calibre of 12,7mm or greater;
Technical Note
‘Mountings’ refers to weapon mounts or structural strengthening for the purpose of installing weapons.
b. Fire control systems specified in ML5.;
c. Having all of the following:
1. ‘Chemical, Biological, Radiological and Nuclear (CBRN) protection’; and
2. ‘Pre-wet or wash down system’ designed for decontamination purposes; or
Technical Note
1. ‘CBRN protection’ is a self contained interior space containing features such as over-pressurization, isolation of ventilation systems, limited ventilation openings with CBRN filters and limited personnel access points incorporating air-locks.
2. ‘Pre-wet or wash down system’ is a seawater spray system capable of simultaneously wetting the exterior superstructure and decks of a vessel.
d. Active weapon countermeasure systems specified in ML4.b., ML5.c. or ML11.a. and having any of the following:
1. ‘CBRN protection’;
2. Hull and superstructure, specially designed to reduce the radar cross section;
3. Thermal signature reduction devices, (e.g., an exhaust gas cooling system), excluding those specially designed to increase overall power plant efficiency or to reduce the environmental impact; or
4. A degaussing system designed to reduce the magnetic signature of the whole vessel;
b. Engines and propulsion systems, as follows, specially designed for military use and components therefor specially designed for military use:
1. Diesel engines specially designed for submarines;
2. Electric motors specially designed for submarines and having all of the following:
a. Power output of more than 0,75 MW (1,000 hp);
b. Quick reversing;
c. Liquid cooled; and
d. Totally enclosed;
3. Non-magnetic diesel engines having all of the following:
a. Power output of 37,3kW (50 hp) or more; and
b. Non-magnetic content in excess of 75% of total mass;
4. ‘Air Independent Propulsion’ (AIP) systems specially designed for submarines;
Technical Note
‘Air Independent Propulsion’ (AIP) allows a submerged submarine to operate its propulsion system, without access to atmospheric oxygen, for a longer time than the batteries would have otherwise allowed. For the purposes of ML9.b.4., AIP does not include nuclear power.
c. Underwater detection devices, specially designed for military use, controls therefor and components therefor specially designed for military use;
d. Anti-submarine nets and anti-torpedo nets, specially designed for military use;
e. Not used since 2003;
f. Hull penetrators and connectors, specially designed for military use, that enable interaction with equipment external to a vessel, and components therefor specially designed for military use;
Note ML9.f. includes connectors for vessels which are of the single-conductor, multi-conductor, coaxial or waveguide type, and hull penetrators for vessels, both of which are capable of remaining impervious to leakage from without and of retaining required characteristics at marine depths exceeding 100m; and fibre-optic connectors and optical hull penetrators, specially designed for “laser” beam transmission, regardless of depth. ML9.f. does not apply to ordinary propulsive shaft and hydrodynamic control-rod hull penetrators.
g. Silent bearings having any of the following, components therefor and equipment containing those bearings, specially designed for military use:
1. Gas or magnetic suspension;
2. Active signature controls; or
3. Vibration suppression controls.
ML10 “Aircraft”, “lighter-than-air vehicles”, “Unmanned Aerial Vehicles” (“UAVs”), aero-engines and “aircraft” equipment, related equipment, and components, as follows, specially designed or modified for military use:
N.B. For guidance and navigation equipment, see ML11.
a. Manned “aircraft” and “lighter-than-air vehicles”, and specially designed components therefor;
b. Not used since 2011;
c. Unmanned “aircraft” and “lighter-than-air vehicles”, and related equipment, as follows, and specially designed components therefor:
1. “UAVs”, Remotely Piloted Air Vehicles (RPVs), autonomous programmable vehicles and unmanned “lighter-than-air vehicles”;
2. Launchers, recovery equipment and ground support equipment;
3. Equipment designed for command or control;
d. Propulsion aero-engines and specially designed components therefor;
e. Airborne refuelling equipment specially designed or modified for any of the following, and specially designed components therefor:
1. “Aircraft” specified by ML10.a.; or
2. Unmanned “aircraft” specified by ML10.c.;
f. ‘Ground equipment’ specially designed for “aircraft” specified by ML10.a. or aero-engines specified by ML10.d.;
Technical Note
‘Ground equipment’ includes pressure refuelling equipment and equipment designed to facilitate operations in confined areas.
g. Aircrew life support equipment, aircrew safety equipment and other devices for emergency escape, not specified in ML10.a., designed for “aircraft” specified by ML10.a.;
Note ML10.g. does not control aircrew helmets that do not incorporate, or have mountings or fittings for, equipment specified in the EU Common Military List.
N.B. For helmets see also ML13.c.
h. Parachutes, paragliders and related equipment, as follows, and specially designed components therefor:
1. Parachutes not specified elsewhere in the EU Common Military List;
2. Paragliders;
3. Equipment specially designed for high altitude parachutists (e.g. suits, special helmets, breathing systems, navigation equipment);
i. Controlled opening equipment or automatic piloting systems, designed for parachuted loads.
Note 1 ML10.a. does not apply to “aircraft” and “lighter-than-air vehicles” or variants of those “aircraft”, specially designed for military use and which are all of the following:
a. Not a combat “aircraft”;
b. Not configured for military use and not fitted with equipment or attachments specially designed or modified for military use; and
c. Certified for civil use by civil aviation authorities of one or more EU Member States or Wassenaar Arrangement Participating States.
Note 2 ML10.d. does not apply to:
a. Aero-engines designed or modified for military use which have been certified by civil aviation authorities of one or more EU Member States or Wassenaar Arrangement Participating States for use in “civil aircraft”, or specially designed components therefor;
b. Reciprocating engines or specially designed components therefor, except those specially designed for “UAVs”.
Note 3 For the purposes of ML10.a. and ML10.d., specially designed components and related equipment for non-military “aircraft” or aero-engines modified for military use applies only to those military components and to military related equipment required for the modification to military use.
Note 4 For the purposes of ML10.a., military use includes: combat, military reconnaissance, assault, military training, logistics support, and transporting and airdropping troops or military equipment.
Note 5 ML10.a. does not apply to “aircraft” that meet all of the following:
a. Were first manufactured before 1946;
b. Do not incorporate items specified by the EU Common Military List, unless the items are required to meet safety or airworthiness standards of civil aviation authorities of one or more EU Member States or Wassenaar Arrangement Participating States; and
c. Do not incorporate weapons specified by the EU Common Military List, unless inoperable and incapable of being returned to operation.
ML11 Electronic equipment, “spacecraft” and components, not specified elsewhere on the EU Common Military List, as follows:
a. Electronic equipment specially designed for military use and specially designed components therefor;
Note ML11.a. includes:
a. Electronic countermeasure and electronic counter-countermeasure equipment (i.e. equipment designed to introduce extraneous or erroneous signals into radar or radio communication receivers or otherwise hinder the reception, operation or effectiveness of adversary electronic receivers including their countermeasure equipment), including jamming and counter-jamming equipment;
b. Frequency agile tubes;
c. Electronic systems or equipment, designed either for surveillance and monitoring of the electro-magnetic spectrum for military intelligence or security purposes or for counteracting such surveillance and monitoring;
d. Underwater countermeasures, including acoustic and magnetic jamming and decoy, equipment designed to introduce extraneous or erroneous signals into sonar receivers;
e. Data processing security equipment, data security equipment and transmission and signalling line security equipment, using ciphering processes;
f. Identification, authentification and keyloader equipment and key management, manufacturing and distribution equipment;
g. Guidance and navigation equipment;
h. Digital troposcatter-radio communications transmission equipment;
i. Digital demodulators specially designed for signals intelligence;
j. “Automated command and control systems”.
N.B. For “software” associated with military “Software” Defined Radio (SDR), see ML21.
b. Global Navigation Satellite Systems (GNSS) jamming equipment and specially designed components therefor;
c. “Spacecraft” specially designed or modified for military use, and “spacecraft” components specially designed for military use.
ML12 High velocity kinetic energy weapon systems and related equipment, as follows, and specially designed components therefor:
a. Kinetic energy weapon systems specially designed for destruction or effecting mission-abort of a target;
b. Specially designed test and evaluation facilities and test models, including diagnostic instrumentation and targets, for dynamic testing of kinetic energy projectiles and systems.
N.B. For weapon systems using sub-calibre ammunition or employing solely chemical propulsion, and ammunition therefor, see ML1 to ML4.
Note 1 ML12 includes the following when specially designed for kinetic energy weapon systems:
a. Launch propulsion systems capable of accelerating masses larger than 0,1g to velocities in excess of 1,6km/s, in single or rapid fire modes;
b. Prime power generation, electric armour, energy storage (e.g., high energy storage capacitors), thermal management, conditioning, switching or fuel-handling equipment; and electrical interfaces between power supply, gun and other turret electric drive functions;
N.B. See also 3A001.e.2. on the EU Dual-Use List for high energy storage capacitors.
c. Target acquisition, tracking, fire control or damage assessment systems;
d. Homing seeker, guidance or divert propulsion (lateral acceleration) systems for projectiles.
Note 2 ML12 applies to weapon systems using any of the following methods of propulsion:
a. Electromagnetic;
b. Electrothermal;
c. Plasma;
d. Light gas; or
e. Chemical (when used in combination with any of the above).
ML13 Armoured or protective equipment, constructions and components, as follows:
a. Metallic or non-metallic armoured plate, having any of the following:
1. Manufactured to comply with a military standard or specification; or
2. Suitable for military use;
N.B. For body armour plates, see ML13.d.2.
b. Constructions of metallic or non-metallic materials, or combinations thereof, specially designed to provide ballistic protection for military systems, and specially designed components therefor;
c. Helmets manufactured according to military standards or specifications, or comparable national standards, and specially designed helmet shells, liners, or comfort pads, therefor;
N.B. For other military helmet components or accessories, see the relevant EU Common Military List entry.
d. Body armour or protective garments, and components therefor, as follows:
1. Soft body armour or protective garments, manufactured to military standards or specifications, or to their equivalents, and specially designed components therefor;
Note For the purposes of ML13.d.1., military standards or specifications include, at a minimum, specifications for fragmentation protection.
2. Hard body armour plates providing ballistic protection equal to or greater than level III (NIJ 0101.06, July 2008) or national equivalents.
Note 1 ML13.b. includes materials specially designed to form explosive reactive armour or to construct military shelters.
Note 2 ML13.c. does not apply to conventional steel helmets, neither modified or designed to accept, nor equipped with any type of accessory device.
Note 3 ML13.c. and d. do not apply to helmets, body armour or protective garments, when accompanying their user for the user’s own personal protection.
Note 4 The only helmets specially designed for bomb disposal personnel that are specified by ML13. are those specially designed for military use.
N.B. 1 See also entry 1A005 on the EU Dual-Use List.
N.B. 2 For “fibrous or filamentary materials” used in the manufacture of body armour and helmets, see entry 1C010 on the EU Dual-Use List.
ML14 ‘Specialised equipment for military training’ or for simulating military scenarios, simulators specially designed for training in the use of any firearm or weapon specified by ML1 or ML2, and specially designed components and accessories therefor.
Technical Note
The term ‘specialised equipment for military training’ includes military types of attack trainers, operational flight trainers, radar target trainers, radar target generators, gunnery training devices, anti-submarine warfare trainers, flight simulators (including human-rated centrifuges for pilot/astronaut training), radar trainers, instrument flight trainers, navigation trainers, missile launch trainers, target equipment, drone “aircraft”, armament trainers, pilotless “aircraft” trainers, mobile training units and training equipment for ground military operations.
Note 1 ML14 includes image generating and interactive environment systems for simulators, when specially designed or modified for military use.
Note 2 ML14 does not apply to equipment specially designed for training in the use of hunting or sporting weapons.
ML15 Imaging or countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor:
a. Recorders and image processing equipment;
b. Cameras, photographic equipment and film processing equipment;
c. Image intensifier equipment;
d. Infrared or thermal imaging equipment;
e. Imaging radar sensor equipment;
f. Countermeasure or counter-countermeasure equipment, for the equipment specified by ML15.a. to ML15.e.
Note ML15.f. includes equipment designed to degrade the operation or effectiveness of military imaging systems or to minimize such degrading effects.
Note ML15. does not apply to “first generation image intensifier tubes” or equipment specially designed to incorporate “first generation image intensifier tube”.
N.B. For the classification of weapons sights incorporating “first generation image intensifier tubes” see ML1., ML2. and ML5.a.
N.B. See also entries 6A002.a.2. and 6A002.b. on the EU Dual-Use List.
ML16 Forgings, castings and other unfinished products, specially designed for items specified by ML1 to ML4, ML6, ML9, ML10, ML12 or ML19.
Note ML16. applies to unfinished products when they are identifiable by material composition, geometry or function.
ML17 Miscellaneous equipment, materials and “libraries”, as follows, and specially designed components therefor:
a. Diving and underwater swimming apparatus, specially designed or modified for military use, as follows:
1. Self-contained diving rebreathers, closed or semi-closed circuit;
2. Underwater swimming apparatus specially designed for use with the diving apparatus specified in ML 17.a.1.;
N.B. See also 8A002.q. on the EU Dual-Use List.
b. Construction equipment specially designed for military use;
c. Fittings, coatings and treatments, for signature suppression, specially designed for military use;
d. Field engineer equipment specially designed for use in a combat zone;
e. “Robots”, “robot” controllers and “robot” “end-effectors”, having any of the following characteristics:
1. Specially designed for military use;
2. Incorporating means of protecting hydraulic lines against externally induced punctures caused by ballistic fragments (e.g. incorporating self-sealing lines) and designed to use hydraulic fluids with flash points higher than 839 K (566°C); or
3. Specially designed or rated for operating in an electromagnetic pulse (EMP) environment;
Technical Note
Electro-magnetic pulse does not refer to unintentional interference caused by electromagnetic radiation from nearby equipment (e.g. machinery, appliances or electronics) or lightning.
f. “Libraries” specially designed or modified for military use with systems, equipment or components, specified by the EU Common Military List;
g. Nuclear power generating equipment or propulsion equipment, including “nuclear reactors”, specially designed for military use and components therefor specially designed or ‘modified’ for military use;
h. Equipment and material, coated or treated for signature suppression, specially designed for military use, other than those specified elsewhere in the EU Common Military List;
i. Simulators specially designed for military “nuclear reactors”;
j. Mobile repair shops specially designed or ‘modified’ to service military equipment;
k. Field generators specially designed or ‘modified’ for military use;
l. ISO intermodal containers or demountable vehicle bodies (i.e., swap bodies), specially designed or ‘modified’ for military use;
m. Ferries, other than those specified elsewhere in the EU Common Military List, bridges and pontoons, specially designed for military use;
n. Test models specially designed for the “development” of items specified by ML4., ML6., ML9. or ML10.;
o. “Laser” protection equipment (e.g. eye or sensor protection) specially designed for military use;
p. “Fuel cells” other than those specified elsewhere in the EU Common Military List, specially designed or ‘modified’ for military use.
Technical Notes
1. Not used since 2014.
2. For the purpose of ML17, ‘modified’ means any structural, electrical, mechanical, or other change that provides a non-military item with military capabilities equivalent to an item which is specially designed for military use.
ML18 ‘Production’ equipment and components, as follows:
a. Specially designed or modified ‘production’ equipment for the ‘production’ of products specified by the EU Common Military List, and specially designed components therefor;
b. Specially designed environmental test facilities and specially designed equipment therefor, for the certification, qualification or testing of products specified by the EU Common Military List.
Technical Note
For the purposes of ML18, the term ‘production’ includes design, examination, manufacture, testing and checking.
Note ML18.a. and ML18.b. include the following equipment:
a. Continuous nitrators;
b. Centrifugal testing apparatus or equipment having any of the following:
1. Driven by a motor or motors having a total rated horsepower of more than 298kW (400 hp);
2. Capable of carrying a payload of 113kg or more; or
3. Capable of exerting a centrifugal acceleration of 8g or more on a payload of 91kg or more;
c. Dehydration presses;
d. Screw extruders specially designed or modified for military “explosive” extrusion;
e. Cutting machines for the sizing of extruded “propellants”;
f. Sweetie barrels (tumblers) 1,85m or more in diameter and having over 227kg product capacity;
g. Continuous mixers for solid “propellants”;
h. Fluid energy mills for grinding or milling the ingredients of military “explosives”;
i. Equipment to achieve both sphericity and uniform particle size in metal powder listed in ML8.c.8.;
j. Convection current converters for the conversion of materials listed in ML8.c.3.
ML19 Directed Energy Weapon (DEW) systems, related or countermeasure equipment and test models, as follows, and specially designed components therefor:
a. “Laser” systems specially designed for destruction or effecting mission-abort of a target;
b. Particle beam systems capable of destruction or effecting mission-abort of a target;
c. High power Radio-Frequency (RF) systems capable of destruction or effecting mission-abort of a target;
d. Equipment specially designed for the detection or identification of, or defence against, systems specified by ML19.a. to ML19.c.;
e. Physical test models for the systems, equipment and components, specified by ML19.;
f. “Laser” systems specially designed to cause permanent blindness to unenhanced vision, i.e. to the naked eye or to the eye with corrective eyesight devices.
Note 1 DEW systems specified by ML19 include systems whose capability is derived from the controlled application of:
a. “Lasers” of sufficient power to effect destruction similar to the manner of conventional ammunition;
b. Particle accelerators which project a charged or neutral particle beam with destructive power;
c. High pulsed power or high average power radio frequency beam transmitters, which produce fields sufficiently intense to disable electronic circuitry at a distant target.
Note 2 ML19 includes the following when specially designed for DEW systems:
a. Prime power generation, energy storage, switching, power conditioning or fuel-handling equipment;
b. Target acquisition or tracking systems;
c. Systems capable of assessing target damage, destruction or mission-abort;
d. Beam-handling, propagation or pointing equipment;
e. Equipment with rapid beam slew capability for rapid multiple target operations;
f. Adaptive optics and phase conjugators;
g. Current injectors for negative hydrogen ion beams;
h. “Space-qualified” accelerator components;
i. Negative ion beam funnelling equipment;
j. Equipment for controlling and slewing a high energy ion beam;
k. “Space-qualified” foils for neutralising negative hydrogen isotope beams.
ML20 Cryogenic and “superconductive” equipment, as follows, and specially designed components and accessories therefor:
a. Equipment specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (-170°C);
Note ML20.a. includes mobile systems incorporating or employing accessories or components manufactured from non-metallic or non-electrical conductive materials, such as plastics or epoxy-impregnated materials.
b. “Superconductive” electrical equipment (rotating machinery or transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, and capable of operating while in motion.
Note ML20.b. does not apply to direct current hybrid homopolar generators that have single-pole normal metal armatures which rotate in a magnetic field produced by superconducting windings, provided those windings are the only superconducting components in the generator.
ML21 “Software” as follows:
a. “Software” specially designed or modified for any of the following:
1. “Development”, “production”, operation or maintenance of equipment specified by the EU Common Military List;
2. “Development” or “production” of materials specified by the EU Common Military List; or
3. “Development”, “production”, operation or maintenance of “software” specified by the EU Common Military List.
b. Specific “software”, other than that specified by ML21.a., as follows:
1. “Software” specially designed for military use and specially designed for modelling, simulating or evaluating military weapon systems;
2. “Software” specially designed for military use and specially designed for modelling or simulating military operational scenarios;
3. “Software” for determining the effects of conventional, nuclear, chemical or biological weapons;
4. “Software” specially designed for military use and specially designed for Command, Communications, Control and Intelligence (C3I) or Command, Communications, Control, Computer and Intelligence (C4I) applications;
c. “Software”, not specified by ML21.a. or ML21.b., specially designed or modified to enable equipment not specified by the EU Common Military List to perform the military functions of equipment specified by the EU Common Military List.
ML22 “Technology” as follows:
a. “Technology”, other than specified in ML22.b., which is “required” for the “development”, “production”, operation, installation, maintenance (checking), repair, overhaul or refurbishing of items specified in the EU Common Military List;
b. “Technology” as follows:
1. “Technology” “required” for the design of, the assembly of components into, and the operation, maintenance and repair of, complete production installations for items specified in the Common Military List of the European Union, even if the components of such production installations are not specified;
2. “Technology” “required” for the “development” and “production” of small arms even if used to produce reproductions of antique small arms;
3. Not used since 2013;
N.B. See ML22.a. for “technology” previously specified by ML22.b.3.
4. Not used since 2013;
N.B. See ML22.a. for “technology” previously specified by ML22.b.4.
5. “Technology” “required” exclusively for the incorporation of “biocatalysts”, specified by ML7.i.1., into military carrier substances or military material.
Note 1 “Technology” “required” for the “development”, “production”, operation, installation, maintenance (checking), repair, overhaul or refurbishing of items specified by the EU Common Military List remains under control even when applicable to any item not specified by the EU Common Military List.
Note 2 ML22 does not apply to:
a. “Technology” that is the minimum necessary for the installation, operation, maintenance (checking) or repair, of those items which are not controlled or whose export has been authorised;
b. “Technology” that is “in the public domain”, “basic scientific research” or the minimum necessary information for patent applications;
c. “Technology” for magnetic induction for continuous propulsion of civil transport devices.
DEFINITIONS OF TERMS USED IN THIS LIST
The following are definitions of the terms used in this List, in alphabetical order.
Note 1 Definitions apply throughout the List. The references are purely advisory and have no effect on the universal application of defined terms throughout the List.
Note 2 Words and terms contained in this List of Definitions only take the defined meaning where this is indicated by their being enclosed in “double quotations marks”. Definitions of terms between ‘single quotation marks’ are given in a Technical note to the relevant item. Elsewhere, words and terms take their commonly accepted (dictionary) meanings.
ML8 “Additives”
Substances used in explosive formulations to improve their properties.
ML8, 10, 14 “Aircraft”
A fixed wing, swivel wing, rotary wing (helicopter), tilt rotor or tilt-wing airborne vehicle.
ML 10 “Airship”
A power-driven airborne vehicle that is kept buoyant by a body of gas (usually helium, formerly hydrogen) which is lighter than air.
ML11 “Automated Command and Control Systems”
Electronic systems, through which information essential to the effective operation of the grouping, major formation, tactical formation, unit, ship, subunit or weapons under command is entered, processed and transmitted. This is achieved by the use of computer and other specialised hardware designed to support the functions of a military command and control organisation. The main functions of an automated command and control system are: the efficient automated collection, accumulation, storage and processing of information; the display of the situation and the circumstances affecting the preparation and conduct of combat operations; operational and tactical calculations for the allocation of resources among force groupings or elements of the operational order of battle or battle deployment according to the mission or stage of the operation; the preparation of data for appreciation of the situation and decision-making at any point during operation or battle; computer simulation of operations.
ML22 “Basic scientific research”
Experimental or theoretical work undertaken principally to acquire new knowledge of the fundamental principles of phenomena or observable facts, not primarily directed towards a specific practical aim or objective.
ML7, 22 “Biocatalysts”
‘ Enzymes’ for specific chemical or biochemical reactions or other biological compounds which bind to and accelerate the degradation of CW agents.
Technical Note
‘Enzymes’ means “biocatalysts” for specific chemical or biochemical reactions.
ML7 “Biological agents”
Pathogens or toxins, selected or modified (such as altering purity, shelf life, virulence, dissemination characteristics, or resistance to UV radiation) to produce casualties in humans or animals, degrade equipment or damage crops or the environment.
ML7 “Biopolymers”
Biological macromolecules as follows:
a. Enzymes for specific chemical or biochemical reactions;
b. ‘Anti-idiotypic’, ‘monoclonal’ or ‘polyclonal’ ‘antibodies’;
c. Specially designed or specially processed ‘receptors’.
Technical Notes
1. ‘Anti-idiotypic antibodies’ means antibodies which bind to the specific antigen binding sites of other antibodies;
2. ‘Monoclonal antibodies’ means proteins which bind to one antigenic site and are produced by a single clone of cells;
3. ‘Polyclonal antibodies’ means a mixture of proteins which bind to the specific antigen and are produced by more than one clone of cells;
4. Receptors’ means biological macromolecular structures capable of binding ligands, the binding of which affects physiological functions.
ML4, 10 “Civil aircraft”
Those “aircraft” listed by designation in published airworthiness certification lists by civil aviation authorities of one or more EU Member States or Wassenaar Arrangement Participating States to fly commercial civil internal and external routes or for legitimate civil, private or business use.
ML 1 “Deactivated firearm”
A firearm that has been made incapable of firing any projectile by processes defined by the EU Member State’s or Wassenaar Arrangement Participating State’s national authority. These processes permanently modify the essential elements of the firearm. According to national laws and regulations, deactivation of the firearm may be attested by a certificate delivered by a competent authority and may be marked on the firearm by a stamp on an essential part.
ML17 21, 22 “Development”
Is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts.
ML17 “End-effectors”
Grippers, ‘active tooling units’ and any other tooling that is attached to the baseplate on the end of a “robot” manipulator arm.
Technical Note
‘Active tooling units’ are devices for applying motive power, process energy or sensing to a workpiece.
ML 8 “Energetic materials”
Substances or mixtures that react chemically to release energy required for their intended application. “Explosives”, “pyrotechnics” and “propellants” are subclasses of energetic materials.
ML8, 18 “Explosives”
Solid, liquid or gaseous substances or mixtures of substances which, in their application as primary, booster, or main charges in warheads, demolition and other applications, are required to detonate.
ML7 “Expression Vectors”
Carriers (e.g. plasmid or virus) used to introduce genetic material into host cells.
ML13 “Fibrous or filamentary materials”
Include:
a. Continuous monofilaments;
b. Continuous yarns and rovings;
c. Tapes, fabrics, random mats and braids;
d. Chopped fibres, staple fibres and coherent fibre blankets;
e. Whiskers, either monocrystalline or polycrystalline, of any length;
f. Aromatic polyamide pulp.
ML15 “First generation image intensifier tubes”
Electrostatically focused tubes, employing input and output fibre optic or glass face plates, multi-alkali photocathodes (S-20 or S-25), but not microchannel plate amplifiers.
ML 17 “Fuel cell”
An electrochemical device that converts chemical energy directly into Direct Current (DC) electricity by consuming fuel from an external source.
ML22 “In the public domain”
This means “technology” or “software” which has been made available without restrictions upon its further dissemination.
Note: Copyright restrictions do not remove “technology” or “software” from being “in the public domain”.
ML9, 19 “Laser”
An item that produces spatially and temporally coherent light through amplification by stimulated emission of radiation
ML 17 “Library” (parametric technical database)
A collection of technical information, reference to which may enhance the performance of relevant systems, equipment or components.
ML10 “Lighter-than-air vehicles”
Balloons and “airships” that rely on hot air or on lighter-than-air gases such as helium or hydrogen for their lift.
ML 21 “Microprogram”
A sequence of elementary instructions maintained in a special storage, the execution of which is initiated by the introduction of its reference instruction into an instruction register.
ML17 “Nuclear reactor”
Includes the items within or attached directly to the reactor vessel, the equipment which controls the level of power in the core, and the components which normally contain or come into direct contact with or control the primary coolant of the reactor core.
ML8 “Precursors”
Speciality chemicals used in the manufacture of explosives.
ML18, 21, 22 “Production”
Means all production stages, such as: product engineering, manufacture, integration, assembly (mounting), inspection, testing, quality assurance.
ML 21 “Program”
A sequence of instructions to carry out a process in, or convertible into, a form executable by an electronic computer.
ML8 “Propellants”
Substances or mixtures that react chemically to produce large volumes of hot gases at controlled rates to perform mechanical work.
ML4, 8 “Pyrotechnic(s)”
Mixtures of solid or liquid fuels and oxidizers which, when ignited, undergo an energetic chemical reaction at a controlled rate intended to produce specific time delays, or quantities of heat, noise, smoke, visible light or infrared radiation. Pyrophorics are a subclass of pyrotechnics, which contain no oxidizers but ignite spontaneously on contact with air.
ML22 “Required”
As applied to “technology”, refers to only that portion of “technology” which is peculiarly responsible for achieving or exceeding the controlled performance levels, characteristics or functions. Such “required” “technology” may be shared by different products.
ML7 “Riot control agents”
Substances which, under the expected conditions of use for riot control purposes, produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure. (Tear gases are a subset of “riot control agents”.)
ML17 “Robot”
A manipulation mechanism, which may be of the continuous path or of the point-to-point variety, may use sensors, and has all the following characteristics:
a. Is multifunctional;
b. Is capable of positioning or orienting material, parts, tools or special devices through variable movements in three-dimensional space;
c. Incorporates three or more closed or open loop servo-devices which may include stepping motors; and
d. Has ‘user-accessible programmability’ by means of the teach/playback method or by means of an electronic computer which may be a programmable logic controller, i.e. without mechanical intervention.
‘User-accessible programmability’ refers to the facility allowing a user to insert, modify or replace “programs” by means other than:
a. A physical change in wiring or interconnections; or
b. The setting of function controls including entry of parameters.
Note The above definition does not include the following devices:
1. Manipulation mechanisms which are only manually/teleoperator controllable;
2. Fixed sequence manipulation mechanisms which are automated moving devices, operating according to mechanically fixed programmed motions. The programme is mechanically limited by fixed stops, such as pins or cams. The sequence of motions and the selection of paths or angles are not variable or changeable by mechanical, electronic or electrical means;
3. Mechanically controlled variable sequence manipulation mechanisms which are automated moving devices, operating according to mechanically fixed programmed motions. The programme is mechanically limited by fixed, but adjustable, stops, such as pins or cams. The sequence of motions and the selection of paths or angles are variable within the fixed programme pattern. Variations or modifications of the programme pattern (e.g. changes of pins or exchanges of cams) in one or more motion axes are accomplished only through mechanical operations;
4. Non-servo-controlled variable sequence manipulation mechanisms which are automated moving devices, operating according to mechanically fixed programmed motions. The programme is variable but the sequence proceeds only by the binary signal from mechanically fixed electrical binary devices or adjustable stops;
5. Stacker cranes defined as Cartesian coordinate manipulator systems manufactured as an integral part of a vertical array of storage bins and designed to access the contents of those bins for storage or retrieval.
ML 11 “Spacecraft”
Active and passive satellites and space probes.
ML19 “Space-qualified”
Designed, manufactured, or qualified through successful testing, for operation at altitudes greater than 100km above the surface of the Earth.
Note A determination that a specific item is “space- qualified” by virtue of testing does not mean that other items in the same production run or model series are “space-qualified” if not individually tested.
ML20 “Superconductive”
Refers to materials, (i.e. metals, alloys or compounds) which can lose all electrical resistance (i.e. which can attain infinite electrical conductivity and carry very large electrical currents without Joule heating).
“Critical temperature” (sometimes referred to as the transition temperature) of a specific “superconductive” material is the temperature at which the material loses all resistance to the flow of direct electrical current.
Technical Note
The “superconductive” state of a material is individually characterised by a “critical temperature”, a critical magnetic field, which is a function of temperature, and a critical current density which is, however, a function of both magnetic field and temperature.
ML10 “Unmanned aerial vehicle” (“UAV”)
Any “aircraft” capable of initiating flight and sustaining controlled flight and navigation without any human presence on board.
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GIVEN under my Official Seal,
14 September 2018.
HEATHER HUMPHREYS,
Minister for Business, Enterprise and Innovation.
S.I. No. 457/2018 –
Control of Exports (Appeals) Regulations 2018
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 16th November, 2018.
I, HEATHER HUMPHREYS, Minister for Business, Enterprise and Innovation, in exercise of the powers conferred on me by Section 6 of the Control of Exports Act (No. 1 of 2008) hereby make the following regulations:
Citation
1. These Regulations may be cited as the Control of Exports (Appeals) Regulations 2018.
Interpretation
2. In these Regulations:
(a)“licence” means a licence issued under section 6 of the Control of Exports Act 2008 .
(b}“applicant” means an individual or entity that has applied for a licence.
(c)“holder” means an individual or entity who has been granted a licence issued under section 6 of the Control of Exports Act 2008 .
(d)“appeals officer” means an officer acting under the authority of the Minister to review a decision to refuse to grant a licence or to revoke a licence.
(e)“prescribed period” means the time period set out in Regulation 4.
3. Where the Minister decides to refuse to grant a licence or to revoke a licence, the Minister shall notify in writing the applicant or holder of the decision, the reasons for the decision, and of the appeal procedure under Regulation 4.
4. Where an applicant or holder has been notified of a decision of the Minister to refuse to grant a licence or to revoke a licence, the applicant or holder may, not later than 28 working days from the date of the decision, appeal to the Minister.
(a) An appeal shall be in writing setting out the grounds of the appeal and furnishing such supporting documentation as the applicant or holder may deem necessary. An appeal shall be sent to the Minister by way of prepaid registered post no later than 28 working days from the date of the decision.
(b) An appeal of a decision to refuse or revoke a license shall be considered by an appeals officer acting under the authority of the Minister.
5. Where an appeal of a decision to refuse a licence is made within the prescribed period, the decision remains in effect until the date of determination of the appeal.
6. Where an appeal of a decision to revoke a licence is made within the prescribed period, the decision continues in force, and the license stands revoked, until the date of determination of the appeal.
7. Upon the date of determination of the appeal under Regulation 4 in relation to a decision to refuse to grant or revoke a license, the appeals officer appointed by the Minister shall either confirm the decision or allow the appeal.
8. If the appeal is allowed in relation to a decision to refuse to grant a licence, the Minister shall grant a licence, the term of which shall be extended by the time from the receipt of the appeal to the date of determination of the appeal.
9. If the appeal is allowed in relation to a decision to revoke a licence, the Minister shall grant a licence, the term of which shall be extended by the time from the receipt of the appeal to the date of determination of the appeal.
10. Where the Minister receives an appeal after the prescribed period, the Minister shall, by notice in writing, inform the applicant or holder that his or her appeal has been received after the prescribed period has expired and that the appeal is rejected on that basis.
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GIVEN under my Official Seal,
13 November 2018.
HEATHER HUMPHREYS,
Minister for Business, Enterprise and Innovation.
Revenue Guidance
PROHIBITIONS AND RESTRICTIONS
AGRICULTURE & FOOD
ANIMALS, ANIMAL PRODUCTS AND PUBLIC HEALTH PROTECTION
In accordance with EU‐wide controls to protect human and animal health, all animals
and animal products (including live fish, gametes and fish products) being imported into
the EU must be presented for veterinary inspection at an EU approved Border Inspection
Post (BIP). BIPs in Ireland are located at:
• Dublin Seaport (animal products only),
• Dublin Airport (live equines only)
• Shannon Airport (animal products and live equines ‐ excludes live fish but can
accept gametes).
Information on personal imports: Advice on personal imports of animal products
For further information contact:
Adrienne Courtney
Food Safety Liaison Unit
Department of Agriculture, Food and the Marine,
Kildare Street
Tel: 01 6072582
Fax: 01 6072513
Ronan Halpin SVI NDCC,
Veterinary International
Department of Agriculture, Food and the Marine
Tel: 01 6072969
PLANTS AND PLANT PRODUCTS
Council Directive 2000/29/EC (as amended) (EU Plant Health Directive) sets out a
framework of protective measures against the introduction into the EU Community of
organisms harmful to plant and plant products, and against their spread within the
Community.
Certain plant and plant products are prohibited to be imported from non-EU countries
and includes all material listed in Annex III to Council Directive 2000/29/EC as amended.
Other Plants and Products are subject to plant health controls and imports must be
notified to the Department of Agriculture, Food and the Marine prior to importation and
must be inspected by an officer from that Department at the point of entry or, at the
discretion of the Department of Agriculture, Food and the Marine at the place of
destination.
For further information click on the following link:
Movement of Plants and Plant Products into the EU from Third Countries
Certain plants being introduced into Ireland from other Member States of the EU are
required to have valid plant passports attached.
Movement of plants within the EC (Guide to the Plant Passport system)
For further information see the following link:
www.agriculture.gov.ie/farmingsectors/planthealthtrade/
4
For advice contact:
Horticulture and Plant Health Division,
Department of Agriculture, Food and the Marine,
Ground Floor, Block 1,
Administration Building,
Backweston Campus,
Celbridge,
Co. Kildare
Tel: 01 5058885
Fax: 01 6275994
E-mail: plantandpests@agriculture.gov.ie
WOOD, BARK etc. (including Wood Packaging Material such as pallets, crates, boxes
etc.)
For information contact: Gerard Cahalane Tel: 01 6072932 or Rory Greene
Tel: 01 60722820
Forest Protection & FRMS Section,
Forest Service,
Department of Agriculture Food and the Marine,
Kildare Street,
Dublin 2.
Tel: 01 6072651
Fax: 01 6072545
E‐mail: forestprotection@agriculture.gov.ie
Website: www.agriculture.gov.ie/forestservice
AQUACULTURE PRODUCTS & GAMETES
Aquaculture products and gametes may only be imported through the BIP at Shannon
Airport when they are in compliance with the provisions of European Communities
(Health of Aquaculture Animals and Products) Regulations 2008 (S.I. 261 of 2008) (as
amended).
Enquiries should be made to:
The Fish Health Unit,
Marine Institute,
Renville,
Oranmore,
Co Galway
Tel: 091 387200
Fax 091 387201
Email: notification@marine.ie
Website: www.fishhealth.ie
FISHERY PRODUCTS
For all imports/exports of fishery products refer to, Illegal, Unreported, Unregulated
fishing (IUU) legislation 1005/2008 and implementing legislation 1010/2009. These were
brought into Irish law with Statutory Instrument 554/2010 amended by Statutory
Instrument 367/2012
5
The following link will provide all appropriate legislation and guidance documents IUU
Guidance Documents for Imports/Exports
If you have any further questions or queries, the IUU Office can be contacted on the
following:
Tel: 023 88 59300
GSM: 086 040 2379
Email: iuuoffice@sfpa.ie
AGRICULTURE LICENCES
Common Agricultural Policy – General
A valid Community licence is required in order to import certain agricultural products
from outside the European Union. It is prohibited to import these products without such
a licence. An export licence is required where the product to be exported attracts an
export refund and for cereals, rice, sugar and certain milk products regardless of the
available refund.
Import and export licences should be applied for in advance of the import or export
operation and may require a security. Licences issued by competent authorities in other
Member States of the EU are valid in Ireland.
Commission Regulations (EC) 2016/1237 & 2015/1237 of 18th May 2016, as amended,
lays down detailed rules for the system of import and export licences for agricultural
products and the products for which licences are required.
For information contact:
Import & Export Licensing Section,
Department of Agriculture, Food and the Marine,
Johnstown Castle Estate,
Wexford.
Email: licenses@agriculture.gov.ie
Website: http://www.agriculture.gov.ie/agri-foodindusty/tradeimportsexports/
IMPORTS OF TIMBER AND TIMBER PRODUCTS FROM INDONESIA
FOLLOWING A VOLUNTARY PARTNERSHIP AGREEMENT WITH
INDONESIA FOR A FLEGT LICENSING SCHEME FOR IMPORTS OF TIMBER
INTO THE EUROPEAN UNION- COUNCIL REGULATION (EC) NO 2173/2005
On 15th September 2016, the European Union and Indonesia agreed that Indonesia can
issue FLEGT licences for verified legal timber and timber product exports to the EU as
and from 15th November 2016. The products coming within the scope of the FLEGT
Licensing Scheme are set out in the amended annexes Annexes I and 111 to Council
Regulation (EC) No 2173/2005 following a Voluntary Partnership Agreement with
Indonesia for a FLEGT licensing scheme for imports of timber into the European Union
at;
http://eur-lex.europa.eu/legalcontent/EN/TXT/?uri=uriserv:OJ.L_.2016.223.01.0001.01.ENG&toc=OJ:L:2016:223:TOC
6
Irish importers of affected Indonesian timber and timber products exported from
Indonesia after 15 November 2016 will be required to provide and submit a valid FLEGT
licence issued, by an approved Licensing Authority in Indonesia, in respect of each
shipment being imported on or before first point of entry into the EU. The Minister for
Agriculture, Food and the Marine is Ireland’s FLEGT Competent Authority (CA) for
Verifying FLEGT Licences. Procedures have been put in place for the Competent
Authority to recognise and approve valid Indonesian FLEGT licences. These modalities
have also been developed in close co-operation with Customs.
PROCEDURES FOR IMPORTERS FROM THE REPUBLIC OF INDONESIA INTO IRELAND
You must submit a valid FLEGT Licence issued by an approved Licensing Authority in Indonesia for
verification to;
FLEGT Licensing, Forest Service,
3 West, Department of Agriculture, Food and Marine,
Kildare Street,
Dublin 2
Post Code: D02 WK12
Tel: 00353 1 6072651
Email: FLEGT@agriculture.gov.ie
This FLEGT licence can be submitted in paper form or sent by e Mail in electronic form.
At the same time a copy of the licence should be associated with the Single
Administrative Document (SAD) for presentation to Customs and Box 44 of the SAD
should include the licence number of the FLEGT licence issued by the Indonesian
Licensing Authority. The “Copy for Customs” should be presented to Customs at the
same time as of presentation of the original licence to the Competent Authorities for
Verifying FLEGT Licences. This is important as until such time as Ireland’s FLEGT CA
notifies Customs that the FLEGT licence has been approved the goods cannot be released
“into free circulation”.
IMPORTATION OF FOOD OF NON-ANIMAL ORIGIN
Regulation (EC) No 882/2004 on official controls provides for the drawing up of specific
rules to govern the importation into the EU, of certain food and feed products which are
judged to pose additional risks to the food chain. These new rules and the products
involved are set out in EU Commission Regulation 669/2009, which came into effect on
25
th
January 2010.
Regulation 669/2009 restricts the entry of such listed produce to Designated Points of
Entry (Dublin Port and Airport in instances where the risks are associated with pesticide
residues and animal feed), and requires that documentary, identity and physical checks
are carried out according to a frequency outlined in Annex 1 to 669/2009. Release for
free circulation is dependent on the satisfactory completion of a Common Entry
Document (CED), Part 1 of which is submitted by the Food (or Feed) Business Operator
7
(FBO), and Part 2 which is completed by the competent authority, and must be
presented to the customs authority by the FBO. Further information is available at:
www.fsai.ie/legislation/food_legislation/food_of_non_animal_origin.html
PHARMACEUTICALS
MEDICINAL PRODUCTS
The importation of Medicinal Products is restricted. Under the Medicinal Products
(Prescription and Control of Supply) Regulations 2003, as amended, supply by mail order
of prescription only medicinal products is prohibited. The Medicinal Products (Control of
Placing on the Market) Regulations, 2007, as amended, prohibits the import of medicinal
products which do not have a Product Authorisation issued by the Health Products
Regulatory Authority or a Marketing Authorisation granted by the European Medicines
Agency. Certain exemptions apply for the importation of a medicinal product by a
person for his/her own personal use under certain circumstances and not being by mail
order. These Regulations also require that medicinal products for the Irish market must
be labelled and accompanied by a product information leaflet in either the English
language, or in both the Irish or English language. The Medicinal Products (Control of
Wholesale Distribution) Regulations, 2007 as amended, provides that supply of
medicines by wholesale be done in accordance with a valid Wholesaler’s licence issued
within the EU while under the Medicinal Products (Control of Manufacture) Regulations,
2007, as amended, a Manufacture’s Authorisation is required to import or export
medicinal products.
Further information may be obtained from:
Medicines Unit
The Department of Health
Hawkins House,
Dublin D02 VW90
Tel: +353 (0)1 6354000, LoCall 1890 20 03 11
Email: medicines_unit@health.gov.ie
Website: http://www.health.gov.ie
DRUG PRECURSORS
Regulation(EC) 273/2004, as amended, by Regulation (EC) 219/2009 and 1258/2015, lays
down the rules for the monitoring of intra-Union trade in drug precursors. Regulation
(EC) 111/2005, as amended by Regulation (EU) 1259/2013 lays down rules for the
monitoring of trade in drug precursors between the EU and countries outside the Union.
Commission Delegated Regulation 2015/1011 further supplements the EC Regulations
above and Commission Implementing Regulation 2015/1013 lays down detailed
implementing rules for the EC Regulations.
It is required that all movements including transhipment and intermediary activities
involving drug precursors be documented by operators, and that precursors be clearly
identified as such. Regulation 273/2004, as amended now includes obligations for the
users of drug precursors.
Licences and registrations are issued by the Health Products Regulatory Authority.
For further information contact:
Controlled Drugs Section,
Health Products Regulatory Authority,
8
Kevin O’Malley House,
Earlsfort Centre,
Earlsfort Terrace,
Dublin D02 XP77
Ireland.
Tel: +353 (0) 1 6764971
Fax: +353 (0) 1 6764061
Email: controlleddrugs@hpra.ie
Websites: http://www.hpra.ie/homepage/controlled-substances
CONTROLLED DRUGS
Certain specified controlled drugs including narcotic drugs and psychotropic substances
are prohibited to be brought into Ireland or moved from Ireland except under licence
issued by the Minister for Health Misuse of Drugs Acts, 1977 to 2015, and Misuse of
Drugs Regulations, 1988 (as amended)
Further information may be obtained from:
Department of Health,
Hawkins House,
Dublin D02 VW90.
Tel: +353 (0) 1 6354000, LoCall 1890 200 311
Website: http://health.gov.ie
PSYCHOACTIVE SUBSTANCES (head shops)
Under the Criminal Justice (Psychoactive Substances) Act 2010 it is an offence to sell,
supply, import and export psychoactive substances for human consumption. However,
section 2 provides that specific products which are subject to licence, authorisation or
other control are excluded from the scope of the Act. These include medicinal products,
animal remedies, intoxicating liquor, tobacco and food. Controlled drugs, which are
subject to the Misuse of Drugs Acts, are also excluded.
Further information may be obtained from:
Controlled Drugs Unit,
Department of Health,
Hawkins House,
Dublin D02VW90
Tel: + 353(0) 1 6354000, LoCall 1890 200 311
Email: controlleddrugs@health.gov.ie
Website: www.dohc.ie
9
ENVIRONMENTAL / GLOBAL PROTECTION
DANGEROUS CHEMICALS
Regulation (EC) 649/2012
The Regulation on the Export and Import of Dangerous Chemicals, (also known as the PIC
Regulation) imposes a duty on companies exporting certain dangerous chemicals Listed
in Annex I to the Regulation, to notify the relevant DNA of the export and in some cases
to wait for the consent of the importing party before proceeding with the export.
The Health & Safety Authority is the Designated National Authority (DNA) for Industrial
Chemicals. The Authority provides information and assistance to exporters of industrial
chemicals to allow them to comply with this Regulation.
For further information on the Industrial chemicals covered by this Regulation and for
details on how to notify the HSA of an export please visit the HSA website.
http://www.hsa.ie/eng/Your_Industry/Chemicals/Export_Import/
The HSA Chemicals helpdesk can also be contacted for queries related to Export &
Import of dangerous chemicals chemicals@hsa.ie
Chemical Business Services Division,
Health and Safety Authority,
Hebron House,
Hebron Road,
Kilkenny.
Tel: 1890 289 389
Fax: 01 6147125
Website www.hsa.ie/chemicals
The DNA for the pesticides covered by the Regulation is the Pesticides Registration and
Control Division, which can be contacted at:
Pesticide Registration and Control Division
Department of Agriculture, Food and the Marine (Laboratories),
Backweston Campus,
Celbridge,
Co. Kildare.
Tel: 01 6157552
Fax: 01 6157575,
Email: pcs@agriculture.gov.ie
Website: www.pcs.agriculture.gov.ie
WASTE TFS (TRANSFRONTIER SHIPMENT)
Dublin City Council is designated as the National Competent Authority for the export,
import and transit of waste shipments under S.I. No. 419 of 2007 Waste Management
(Shipments of Waste) Regulations, 2007. These Regulations gave effect to provisions
contained in Commission Regulation (EC) No. 1013/2006 on transfrontier shipments of
waste, which sets out new notification procedures, specifies revised waste listings and
strengthens enforcement provisions in relation to waste movements within, into and out
of the EU.
10
Further information is available through the following weblink:
http://www.dublincity.ie/main-menu-services-water-waste-and-environment-wasteand-recycling/national-tfs-office
OZONE DEPLETING SUBSTANCES (CFCs, Halons, HCFCs etc.)
Regulation (EC) no. 1005/2009 provides for the control of ozone depleting substances
(ODS) within the EU and the list of controlled substances is presented in Annex I of the
Regulation. The Environmental Protection Agency is the competent Authority for the
implementation and enforcement of the Regulation.
Exports from the Community and Imports of controlled substances, or products and
equipment containing or relying on those substances, are prohibited in general.
However, a number of exemptions apply and are subject to licensing and import quotas,
as set out in the Regulation. Exporters and importers must request a Licence from the
European Commission for each export or import, having made a prior declaration to the
European Commission of intent to export/import. In the aviation sector, through a
simplified process, it is possible to apply for a bulk licence for the import and export of
products or equipment containing or relying on halon for critical use on aircrafts (e.g. fire
extinguishers on board aircraft). Under the simplified process an import or export licence
for products and equipment containing or relying on halons for critical uses in aircrafts:
will be valid from the date of issuing until the end of the calendar year for which
it was issued, and
can be used for multiple shipments.
Separate bulk licences are necessary for imports and exports. All exporters and
importers must register on the Commission’s ODS Database:
http://ec.europa.eu/clima/policies/ozone/ods/index_en.htm.
Further information on the implementation of Regulation (EC) no. 1005/2009 in Ireland
is available at www.ozone.ie.
PERSISTENT ORGANIC POLLUTANTS (POPS)
Regulation (EC) No 850/2004 on Persistent Organic Pollutants (EU POPs Regulation) is
the principal European legal instrument for implementing the requirements of the
Stockholm Convention on Persistent Organic Pollutants and the Protocol to the UNECE
Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants
in the EU. This Regulation bans production, placing on the market and use (with some
limited exemptions) of intentionally produced POP substances listed in the Stockholm
Convention and POPs Protocol. These POPs include certain pesticide related substances
and certain industrial chemicals.
Further information is available at the following link: www.pops.ie
For any queries please contact:
Chemicals Team,
Office of Environmental Sustainability,
Environmental Protection Agency,
PO Box 3000,
Johnstown Castle Estate,
11
Wexford Y35 W821
Tel: 053 9160600
Fax: 053 9160699
Email: pops@epa.ie
CITES (ENDANGERED SPECIES)
CITES is the Convention on International Trade in Endangered Species of wild fauna and
flora. The aim of the convention is to regulate and monitor the international trade in
certain species of animals and plants which are endangered, and to ensure that trade
does not threaten their survival in the wild.
The Minister for the Arts, Heritage and the Gaeltacht is designated as the CITES
Management Authority in Ireland and the duties and functions of the Management
Authority are carried out by the National Parks & Wildlife Service.
Any queries on this matter should be directed to:
Cites Management Authority ‐ Ireland
National Parks & Wildlife Service,
The Department of Arts, Heritage and the Gaeltacht
7 Ely Place,
Dublin 2.
Tel: 01 8883235 or 01 8883074
Email: cites@ahg.gov.ie
Website: www.npws.ie
RADIOACTIVE SUBSTANCES AND NUCLEAR DEVICES
In accordance with the Radiological Protection Act 1991 (ionising Radiation) Order S.I.
No. 125 of 2000,an application for a licence to import or export a radioactive source
must be made to the Environmental Protection Agency (EPA) not later than one month
before the proposed commencement of the practice concerned. The practice must not
be commenced by the applicant unless and until the licence has been granted by the EPA
A person using or holding radioactive sources without a valid licence may be liable on
summary conviction to a fine and /or a term of imprisonment. Licensees who intend to
acquire a radioactive source from any state outside the European Union must first apply
for an import licence from the Office of Radiological Protection of the EPA. Licensees
who intend to return a radioactive source to any state outside the European Union must
first apply for an export licence from the EPA. This is required in advance of shipment(s).
Items being transported from within the European Union require the completion of the
Standard shipping declaration document pursuant to Council Regulation (EEC) No.
1493/93 for shipment of sealed sources between Member States of the European
Community. This shall be completed by the consignee and stamped by EPA (Office of
Radiological Protection in advance of the shipment(s). For sealed sources being sent to
another Member State of the EU, the licensee must ensure that the Competent
Authority in that State has approved and stamped the 1493 form prior to the shipment.
The Office of Radiological Protection has been established in the EPA as a result of the
merger of the Radiological Protection Institute of Ireland (RPII) and the EPA.
Tel: 01 2680100
12
Website: website www.epa.ie/radiation
13
OFFENSIVE WEAPONS
Offensive Weapons listed in S.I. 66 1991 – Firearms and Offensive Weapons Act, 1990
(Offensive Weapons) Order, 1991 and S.I. 338 2009 – Firearms and offensive Weapons
Act 1990 (offensive Weapons) (Amendment) Order 2009 are prohibited in Ireland.
The movement outside of Ireland of any weapon that could be considered to be an
offensive weapon may be subject to clearance from the competent authority of the
recipient country.
For further information contact:
Firearms, Explosives and Private Security Policy Division
Department of Justice and Equality
94 St. Stephen’s Green
Dublin D02 FD70
Tel: 01 6028340/ 6028334, Fax: 01 6028374
Email: firearms_inbox@justice.ie
Website: http://www.justice.ie/en/JELR/Pages/Firearms
DUAL USE ITEMS AND TECHNOLOGY
Council Regulation (EC) 428/2009 sets out the export controls for dual-use items and
technology. Dual-use items and technology are items that can be used for either civilian
or military purposes. Commission Delegated Regulation (EU) 1382/2014 updated Annex
I in Council Regulation (EC) 428/2009 in respect of the list of dual-use items and
technology.
The exportation of listed items and technology should be covered by an individual export
licence, a global export licence or a Union General Export Authorisation (UGEA). The
Department of Jobs, Enterprise and Innovation is the competent authority in Ireland for
the implementation of these Regulations and for the issue of dual-use licences.
A licence is required for the movement to other EU Member States of highly sensitive
dual-use items and technology as listed in Annex IV to Council Regulation (EC) 428/2009.
Details of procedures for dual-use items and technology are available on the website of
the Department of Jobs, Enterprise and Innovation
https://www.djei.ie/en/Publications/Publication-files/Global-Dual-Use-ApplicationForm.doc
For further information contact:
Licensing Unit
Department of Jobs, Enterprise and Innovation
23 Kildare Street
Dublin 2
Tel: 01 6312328
Fax: 01 6312562
Email: exportcontrol@djei.ie
14
FIREARMS AND AMMUNITION
The movement of firearms and ammunition into Ireland is prohibited except
(i) under licence issued by:
Crime 4 (Firearms and Explosives) Division,
Department of Justice and Equality,
94 St. Stephens Green,
Dublin 2.
D02 FD70
Tel. 01 6028340/6028334,
Website: www.justice.ie/en/JELR/Pages/Firearms
or,
(ii) by the holder of a current firearm certificate in respect of the firearm (Firearms Acts
1925 to 2009).
The exportation of firearms and ammunition to EU Member States is prohibited except
(i) under licence issued by
Crime 4 (Firearms and Explosives) Division,
Department of Justice and Equality,
94 St. Stephens Green,
Dublin 2.
D02 FD70
Tel. 01 6028340/6028334,
Website: www.justice.ie/en/JELR/Pages/Firearms
The exportation of firearms and ammunition under the Control of Exports (Goods and
Technology) Order 2012 (SI No 216 of 2012) to non EU Member States is prohibited
unless under licence issued by Department of Jobs, Enterprise and innovation.
Information is available on the Department’s website:
http://www.djei.ie/trade/export/military.htm
For further information contact:
Licensing Unit
Department of Jobs, Enterprise and Innovation
23 Kildare Street
Dublin 2
Tel: 01 6312328
Fax: 016312562
Email: exportcontrol@djei.ie
MILITARY AND PARAMILITARY GOODS
The Control of Exports (Goods and Technology) Order 2012 (SI No 216 of 2012) contains
a list of military goods which may not be moved from Ireland to another EU Member
State without an export licence issued by the Department of Jobs, Enterprise and
Innovation.
15
The exportation of goods under the Control of Exports (Goods and Technology) Order
2012 (SI No 216 of 2012) is prohibited unless under licence issued by Department of
Jobs, Enterprise and innovation.
Information is available on the Department’s website:
www.djei.ie/trade/export/military.htm
For further information contact:
Licensing Unit
Department of Jobs, Enterprise and Innovation
23 Kildare Street
Dublin 2
Tel: 01 6312328
Fax: 01 6312562
Email: exportcontrol@djei.ie
EXPLOSIVES, PYROTECHNICS etc.
Explosives are strictly controlled and a person may not import explosives without a
licence. Legislation governing the above is primarily contained in the Explosives Act 1875
as well as a number of associated Statutory Instruments. Certain substances such as
ammonium nitrate, sodium chlorate, potassium nitrate and sodium nitrate also come
under the control of the explosives regulations, as they are deemed to be explosives for
the purposes of the Explosives Act. Certain other explosives precursors, i.e. chemical
substances or mixtures which can be misused for the illicit manufacture of explosives ,
are also regulated – see attached link to S.I. No. 611 of 2014 (European Union
(Marketing and Use of Explosives Precursors) Regulations 2014 –
http://www.irishstatutebook.ie/eli/2014/si/611/made/en/pdf
Persons seeking details on the import of explosives should contact:
Crime 4 (Firearms and explosives) Division,
Department of Justice and Equality,
94 St. Stephens Green,
Dublin 2.
D02 FD70
Telephone 01 6028357/6028350
Email: firearms_inbox@justice.ie
Website: http://www.justice.ie/en/JELR/Pages/Explosives_Pyrotechnics
Movement of explosives from Ireland contact:
Licensing Unit
Department of Jobs, Enterprise and Innovation
23 Kildare Street
Dublin 2
Tel: 01 6312328
Fax: 01 6312562
Email: exportcontrol@djei.ie
Website: www.djei.ie/trade/export/military.htm
16
MOLASSES, TREACLE, GOLDEN SYRUP, MALT, YEAST, HOPS, TREACLE MEAL AND
MOLASSINE MEAL
Movement of the above-mentioned products is, in certain prescribed areas, subject to
control by An Garda Siochana.
TRADE RESTRICTIONS/SANCTIONS AND ARMS EMBARGOES
Trade restrictions/sanctions are increasingly used by the international community as a
means of exerting influence on various issues of international concern. The Department
of Jobs, Enterprise and Innovation plays a central role in implementing the various UN
and EU measures which have been adopted concerning trade sanctions.
They generally consist of export and/or, in certain cases, import bans on certain goods
to/from a certain region. It is important to note that trade sanctions are targeted at
specific goods (e.g. timber or diamonds, or nuclear related goods and technology) and
thus they are not a blanket ban on trade with a specific region.
Trade sanctions are normally accompanied by bans on the provision of specific services
related to the prohibited goods (e.g. brokering, financial services, technical assistance).
Arms embargoes are a specific type of trade sanction. They are designed to stop the
flow of arms and military equipment to areas where there is conflict, or to regimes
which are likely to use them for internal repression or aggression against a foreign
country.
Information on EU measures can be found at the following website:
http://eeas.europa.eu/cfsp/sanctions/docs/measures_en.pdf
Queries in respect of trade sanctions should be directed to:
Licensing Unit
Department of Jobs, Enterprise and Innovation
23 Kildare Street
Dublin 2
Tel: 01 6312328
Fax: 01 6312562
Email: exportcontrol@djei.ie
GOODS WHICH MAY BE USED FOR TORTURE
The exportation / importation of goods referred to Annex II of Council Regulation (EC)
No 1236/2005 as amended by Commission Implementing Regulation (EU) No 1352/2011
is prohibited regardless of the origin of the goods.
The exportation of goods referred to Annex III of Council Regulation (EC) No 1236/2005
as amended by Commission Implementing Regulation (EU) No 1352/2011 is prohibited
unless under licence issued by Department of Jobs, Enterprise and innovation.
Queries should be directed to:
Licensing Unit
Department of Jobs, Enterprise and Innovation
23 Kildare Street
17
Dublin 2
Tel: 01 6312328
Fax: 01 6312562
Email: exportcontrol@djei.ie
PUBLIC MORALS
Indecent articles, publications, videos, etc. are prohibited or restricted under the
following legislation:
• Section 42 of the Customs Consolidation Act, 1876
• Video Recordings Act, 1989
• Censorship of Publications Acts, 1929, 1946 and 1967, as amended by the Health
(Family Planning) Act, 1979 and the Regulation of Information (Services outside the State
for Termination of Pregnancies) Act, 1995
INDECENT OR OBSCENE PRINTS
The importation of indecent or obscene prints, paintings, photographs, books, cards,
lithographs or other engravings, or any other indecent or obscene articles is prohibited.
The word “indecent” is to be construed as including suggestive of, or inciting to, sexual
immorality or unnatural vice or likely in any other similar way to corrupt or deprave.
BOOKS AND PERIODICAL PUBLICATIONS
Books and periodical publications which have been made the subject of Prohibition
Orders under the Censorship of Publication Acts, 1929 to 1967, as amended by the
Health (Family Planning) Act, 1979 and the Regulation of Information (Services outside
the State for Termination of Pregnancies) Act, 1995, are prohibited to enter Ireland from
EU Member States except under permit issued by the Minister for Justice and Equality.
Furthermore, any book, although not the subject of the above-mentioned Prohibition
Orders, may be referred to the Censorship of Publication Board for a decision as to their
suitability in this regard.
Queries to:
The Minister for Arts, Heritage and the Gaeltacht,
Department of Arts, Heritage and the Gaeltacht
23 Kildare St, Dublin 2.
Tel: 01 6313800, Local 1890 383000
Website: www.ahg.gov.ie
Indecent or obscene books and periodical publications are prohibited to be brought in
from other Member States of the EU under Section 42 of the Customs Consolidation Act,
1876 and, accordingly, they are liable to seizure under Section 202 of the Customs
Consolidation Act, 1876 irrespective of whether they are the subject of a Prohibition
Order under Section 9 of the Censorship of Publications Act, 1946.
VIDEO RECORDINGS (MAGNETIC TAPE/DVD/CD‐ROM)
The Video Recordings Act, 1989 makes provision for the control and regulation of the
supply and importation from non‐EU countries of video recordings. The Act empowers
the Director of Film Classification to prohibit the importation of certain video recordings.
The Act also empowers the Minister for Justice and Equality to issue a permit authorising
18
a specified person to import into the State a specified number of video recordings
containing a specified video work in respect of which a prohibition order is in force.
The Act, defines “video recording” as any disc or magnetic tape containing information
by the use of which the whole or a part of a video work may be produced. “Video work”
is defined as any series of visual images (whether with or without sound) ‐
• produced, whether electronically or by other means, by the use of information
contained on any disc or magnetic tape, and
• shown as a moving picture
The provisions applicable to video recordings set out hereunder also apply to CD‐ROMs
and DVDs (Digital Versatile Disks).
Video recordings brought in from other Member States of the EU are subject to the
same prohibitions as videos imported from non‐EU countries and, accordingly, they are
liable to seizure under Section 202 of the Customs Consolidation Act, 1876.
PORNOGRAPHY
The bringing in of Child Pornography into Ireland is prohibited under The Child
Trafficking and Pornography Act, 1998.
19
OTHER AREAS
COUNTERFEIT
Intellectual Property Rights
Council Regulation No. 608/2013 and Commission Implementation Regulation No.
1352/2013 provide measures for Customs action against counterfeit and pirated goods.
All applications for action should be submitted to:
Prohibitions and Restrictions Unit,
Corporate Affairs and Customs Division,
Treasury Building,
Dublin Castle,
Dublin 2.
Tel: 01-6744329 / 6744332
E‐mail: RevenueCustomsProhibitionsRestrictions@revenue.ie
Information available at the following link:
http://www.revenue.ie/en/customs/leaflets/counterfeit-pirated-goods.html
CONTROLS ON CASH ENTERING OR LEAVING THE EU
Regulation (EC) No 1889/2005 of the European Parliament and of the Council introduced
controls on cash entering or leaving the Community. Individuals entering or leaving the
European Union and carrying cash of a value of €10,000 or more are obliged to make a
declaration to the Customs authority of the Member State through which they arrive or
depart. The declaration must be made on the Common Declaration Form.
Further information may be obtained from:
Prohibitions and Restrictions Unit,
Corporate Affairs and Customs Division,
Treasury Building,
Dublin Castle,
Dublin 2.
Tel: 01-6744329 / 6744332
E‐mail: cashcontrols@revenue.ie
Website: http://www.revenue.ie/en/customs/leaflets/customs-excise-cash-controls.html
Please note that some EU Member States operate separate control and declaration
provisions for intra-community cash movements, which are applied in addition to the EU
controls mentioned above. The European Commission website gives background
information and contains links to the websites of individual Member States.
CURRENCY NOTES, COIN ‐ COUNTERFEIT AND IMITATION
The Importation or exportation of counterfeit currency to or from a member state of the
EU, without lawful authority, is an offence pursuant to the Criminal Justice Fraud and
Theft Offences Act 2001 . The production of coins and notes and the protection of the Euro
against counterfeiting is regulated by various Legislation Revenue Act 1889, the Decimal
Currency Act 1969 the Economic & Monetary Union Act 1998 and Council Regulation (EC) No
1338/2001 as amended by Council Regulation (EC) No. 44/2009.
20
KIMBERLEY DIAMONDS CERTIFICATION SCHEME
Under Council Regulation 2368/2002 (as amended) imports and exports of rough
diamonds are subject to the presentation of a Kimberley Process Certificate.
Queries should be directed to:
Exploration and Mining Division,
Department of Communications, Climate Action and Environment,
29-31 Adelaide Road,
Dublin
D02 X285
Tel: 01 6782663
Email: emd.info@dccae.gov.ie
PRODUCT SAFETY
In addition to the listed prohibitions and restrictions as set out below, there exist a
growing number of product safety prohibitions / restrictions in respect of the placing on
the market of goods under Regulation 765/2008. Revenue’s Customs Service assists
Market Surveillance Authorities in implementing this regulation at points of importation.
Information regarding Product Safety and consumer products can be accessed at:
http://ec.europa.eu/consumers/safety/prod_legis/index_en.htm and
http://www.consumerhelp.ie/product-safety
For further information contact:
Competition and Consumer Protection Commission CCPC)
Help line: 1890 432432 or 01 4025555
COMMUNICATIONS
Radio Products
Radio products must not be placed on the market or put into services unless it is
declared in conformity with the European Communities (Radio Equipment and
Telecommunications Terminal Equipment) Regulations, 20019 (S.I. No 240 of 2001)
Products that are placed on the market that are in conformity with the regulations must
bear the CE mark and must be accompanied by an EU Declaration of Conformity.
Jammers
ComReg issued an order under the Wireless Telegraphy Act, 1972 (Prohibition of Sale,
Letting on Hire, Manufacture, and Importation of Wireless Telegraphy Interference
Apparatus) Order of 2011 (http://www.irishstatutebook.ie/2011/en/si/0066.html) . This
order makes it unlawful for any person to sell, let on hire or manufacture or import
wireless telegraphy interference apparatus into Ireland. This covers radio devices such as
mobile phone jammers; GPS jammers; etc. in Ireland.
Mobile Phone Repeaters
ComReg is responsible for ensuring that all apparatus for wireless telegraphy within the
state complies with the legislation regarding same, including the Wireless Telegraphy
Act, 1926 to 2009. ComReg must ensure that the possession and use of apparatus for
21
wireless telegraphy complies with the obligations of the Wireless Telegraphy Act of 1926
to 2009. A license is required to possess and use mobile phone repeaters in Ireland.
However, the frequency bands used by the mobile phone repeaters are licensed to
mobile phone operators in Ireland. The implications of this is that the general public
cannot buy or operate mobile phone repeaters in Ireland., only the mobile operators
who have licenses for the spectrum can do this.
For further Information Contact:
Spectrum Compliance
Michael Callan
Commission for Communications Regulation
Abbey Court,
Irish Life Centre,
Lower Abbey Street,
Dublin1
Tel: 01-8049715 or 01-8049600
michael.callan@comreg.ie
compliance@comreg.ie
RECREATIONAL CRAFT (and partly completed boats, personal watercraft, components
and propulsion engines)
These products must not be placed on the market or put into service until declared in
conformity with the European Communities (Recreational Craft) Regulations 1998 (S.I.
No. 40 of 1998), as amended by S.I. No. 422 of 2004, including being CE marked and
accompanied by an EU Declaration of Conformity. See also Marine Notice 33 of 2015 in
relation to Directive 2013/53/EU on recreational craft and personal watercraft, which
repealed Directive 94/25/EC –
http://www.dttas.ie/sites/default/files/MN33of2015_RevisedEUDirectiveforRecreational
Craft.pdf.
Further information may be obtained from:
Department of Transport, Tourism and Sport
Marine Survey Office
Tel: 01-6783400
Email: mso@dttas.ie
ARCHAEOLOGICAL OBJECTS
The movement of Archaeological objects is prohibited except under licence (National
Cultural Institutions Act, 1997 Section 50), issued by:
The National Museum of Ireland,
Kildare Street,
Dublin 2.
Telephone 01 6777444
Website: www.museum.ie
CULTURAL GOODS
The exportation of cultural goods is restricted under Council Regulation 3911/92. The
Department of Arts, Heritage & the Gaeltacht is the competent authority for the issuing
22
of licences/authorisations relating to the export of cultural goods and does so while
procuring appropriate professional/technical advice from the relevant national cultural
institution. Applications to export cultural goods should be sent to the appropriate
cultural institution i.e.
• National Gallery of Ireland, Upper Merrion Street, Dublin 2. Tel: 01 6615133,
www.nationalgallery.ie
• National Library of Ireland, Manuscripts Department, Kildare Street, Dublin 2, Tel:
01 6030200, www.nli.ie
• National Museum of Ireland, Kildare Street, Dublin 2, Tel: 01 6777444,
www.museum.ie
Authorisation Forms, required when exporting cultural goods to non‐EU countries, are
issued by:
The Department of Arts, Heritage and the Gaeltacht,
Cultural Institutions Unit,
New Road,
Killarney,
Co. Kerry.
Tel: 064 6627345.
DOCUMENTS AND PAINTINGS
Section 50 of the National Cultural Institutions Act, 1997, regulates the export of
documents and pictures with the object of preserving records of those, which are of
national, historical, genealogical or literary interest. Licences required within EU
Member States are issued through the National Gallery of Ireland and the National
Library of Ireland ‐ contact details as above.
Further information may be obtained from:
http://www.ahg.gov.ie/arts/culture/projects-and-programmes/export-of-culturalgoods/
The Department of Arts, Heritage and the Gaeltacht,
Cultural Institutions Unit,
New Road
Killarney,
Co. Kerry.
Tel: 064 6627332
HALLMARKS (Assay Marks, etc.)
In Ireland all items of gold, silver or platinum are subject to compulsory assay and
hallmarking. They must bear an Irish hallmark or an International Convention hallmark or
an approved hallmark in order that they can be legally offered for sale.
All such consignments being imported into Ireland from outside the EU are subject to a
customs declaration. Once vat/duty is paid the consignments are delivered direct to the
Assay Office for Assay and Hallmarking (test and certification). Goods that meet the
standard are Hallmarked and passed on to the Importer. Substandard goods are either
marked down to the next lower standard or exported to the sender by the Assay Office.
23
Relevant legislation:
Hallmarking Act 1981
S.I. No. 327 of 1983 — Hallmarking (Approved Hallmarks) Regulations, 1983
S.I. No. 579 of 2001 — European Communities (Hallmarking of Articles Imported From
Other Member States) Regulations, 2001
S.I. No. 143 of 2012 – Consumer Protection (Consumer Information)
For further information please contact:
Assay Office,
Dublin Castle,
Dublin 2.
Tel: 01 4751286
Fax: 01 4783838
E-mail: hallmark@assay.ie
Website: http://www.assay.ie/About-Us/Legislation
STAMPS
Bringing into Ireland fictitious stamps and any die, plate, instrument or materials for
making any such stamps is prohibited [Revenue Act, 1898, S.1 (1), Post Office Act, 1908,
S.65].
TOBACCO
Unmanufactured tobacco may not be brought into Ireland unless it can be shown to the
satisfaction of the Revenue Commissioners to be for use in the production of a tobacco
product in a tax warehouse or for use in another product that is not a tobacco product.
If you do not have an authorisation for a tax warehouse and you wish to bring
unmanufactured tobacco into Ireland, you should contact your local Revenue office and
state exactly to what purpose it is being put to ensure compliance with Section 78A of
the Finance Act 2005.
Queries should be directed to:
Office of the Revenue Commissioners,
Indirect Taxes Division,
Excise Branch,
Stamping Building,
Dublin Castle,
Dublin 2.
Tel: 01 8589914
TOBACCO PRODUCTS ‐ ORAL SMOKELESS
Oral smokeless tobacco products, being products or substances made wholly or partly
from tobacco, which are intended for use, unlit, by being placed in the mouth and kept
there for a period, or by being placed in the mouth and sucked or chewed are prohibited
24
to be brought into Ireland [Tobacco (Health and Children, Promotion and Protection)
Act, 1988].
MISCELLANEOUS
Any queries in respect of Customs related matters regarding prohibited or restricted
goods can be directed to:
Prohibitions and Restrictions,
Corporate Affairs & Customs Division,
Treasury Building,
Dublin Castle,
Dublin 2.
Tel: 01-6744329 / 6744332
Email: RevenueCustomsProhibitionsRestrictions@revenue.ie
1
PROHIBITIONS AND RESTRICTIONS CONCERNING ENDANGERED SPECIES AND WILDLIFE
E-mail: rcpr@revenue.ie
Updated February 2017
2
CONTENTS
1. INTRODUCTION……………………………………………………………………………………..3
2. LEGISLATION…………………………………………………………………………………………3
3. PERMITS AND CERTIFICATES ………………………………………………………………3
4. ACTION BY CUSTOMS …………………………………………………………………………..3
5. DESIGNATED POINTS OF ENTRY AND EXIT ………………………………………..4
6. RISK INFORMATION FORM …………………………………………………………………..4
7. ADDITIONAL INFORMATION………………………………………………………………..4
8. CONTACT INFORMATION……………………………………………………………………..4
ANNEX I …………………………………………………………………………………………………5
ANNEX II………………………………………………………………………………………………..6
3
1. INTRODUCTION
CITES is the Convention on International Trade in Endangered Species of Wild
Fauna and Flora. The purpose of this Convention is to protect endangered species of
fauna and flora and this is carried out by the implementation of controls on
international trade in specimens of these species.
The competent authority in Ireland with responsibility for CITES is the National
Parks and Wildlife Service (NPWS) of the Department of Arts, Heritage and the
Gaeltacht. Revenue’s role relates to possible intervention and control at points of
importation and exportation.
2. LEGISLATION
CITES Convention
Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by
regulating trade therein; and its amendments
Wildlife Act, 1976 as amended
Customs Act 2015
Customs Act 1956
3. PERMITS AND CERTIFICATES
CITES regulation and control of international trade in various endangered species is
based on a system of licences, authorisations and permits. In this regard, the
competent authority issues permits, certificates or licences for the import, export or
re-export of the species in question. These documents must then be presented to
customs before consignments can be imported, exported or re-exported.
The National Parks and Wildlife Service (NPWS) is the competent authority in
Ireland with responsibility for the issuing of CITES permits and certificates. A
sample permit can be found in the ANNEX I to this manual.
4. ACTION BY CUSTOMS
Where a CITES licence, permit or certificate is presented to Customs, officers should:
§ ensure that the licence presented is valid and that it relates to the specific species
being imported / exported / re-exported;
§ endorse the licence with the official station stamp;
§ return the licence to the importer/exporter where it has not been exhausted, and
§ retain the licence, where it has been exhausted, and return it to The National
Parks and Wildlife Service.
If a customs officer suspects that goods are being exported or imported in
contravention of CITES, the consignment should be detained and staff should contact
the national CITES liaison officer, Mark Newman, see section 8 for contact
information.
4
5. DESIGNATED POINTS OF ENTRY AND EXIT
Under the Wildlife Act, 1976 and Wildlife (Amendment) Act, 2000 species covered
under the CITES Convention can only be imported from or exported to third countries
through the designated ports or airports listed in ANNEX II
6. RISK INFORMATION FORM
The Risk Information Form (RIF), which is part of Customs Risk Management
System (CRMS) should be used by staff to inform other EU Customs authorities of
any irregularities which have come to light in respect of the import or export of goods
in contravention of the CITES Convention. For further information staff should
contact:
Email: customsriskunitgroup@revenue.ie
Nuala O’Callaghan 01 6744317
Mark Hynes 01 6774327
7. ADDITIONAL INFORMATION
CITES website – http://cites.org/
CITES species database – http://www.cites.org/eng/resources/species.html
8. CONTACT INFORMATION
CITES Liaison Officer
Mark Newman
IPR and CITES Unit
Corporate Affairs & Customs Division
Email :rcpr@revenue.ie
Phone 01-6744329
5
ANNEX I
Sample permit/certificate
6
ANNEX II
Designated Customs Offices for CITES
Live Animals Live Plants Timber Parts and Derivatives
Dublin Airport (Registered Equidae ONLY)
Shannon Airport (Registered Equidae and Hoofed mammals ONLY)
NOTE: Other Live animals must firstly be checked at another
Member State prior to their introduction.
Dublin Airport
Shannon Airport
Cork Airport
Cork Port
Dublin Port
Cork Port
Dublin Port
Drogheda Port
Dundalk Port
Foynes Port
Greenore Port
Limerick Port
Wicklow Port
Cork Airport
Dublin Airport
Shannon Airport
Cork Port
Dublin Port
Control of Waste Shipments
RevenueCustomsProhibitionsRestrictions@revenue.ie
Reviewed January 2017
Contents
1. INTRODUCTION……………………………………………………………………………………..3
2. LEGISLATION…………………………………………………………………………………………3
3. PROHIBITION / RESTRICTION………………………………………………………………3
4. ACTION REQUIRED……………………………………………………………………………….3
· On occasion profiles will be set on the AEP system at the request of DCC.
In the event that these are activated, Customs Officers are to detain the
consignment and follow the profile instructions………………………………………………3
5. RISK INFORMATION FORM…………………………………………………………………..4
6. CONTACT DETAILS……………………………………………………………………………….4
1. INTRODUCTION
Council Regulation (EC) No.1013/2006 establishes procedures and control
regimes for the shipment of waste within, into and out of the EU. The overall
objective of the regulation is to implement measures for the supervision and
control of shipments of waste in order to ensure that the movement, recovery,
or disposal of waste, is managed in an environmentally sound manner for the
protection of the environment and human health.
Dublin City Council (DCC) is designated as the National Competent Authority
in Ireland for the export, import and transit of waste shipments. Revenue’s
Customs Service assists in the implementation of these controls by referring
consignments of interest to DCC.
2. LEGISLATION
Council Regulation (EC) No. 1013/2006
S.I. No. 419/2007
S.I. No.113 of 2008
3. PROHIBITION / RESTRICTION
Waste shipments may be subject to prohibitions or restrictions at import /
export depending on the origin, destination and route of shipment, type of
waste or type of treatment to be applied to the waste at its destination.
4. ACTION REQUIRED
· On occasion profiles will be set on the AEP system at the request of
DCC. In the event that these are activated, Customs Officers are to
detain the consignment and follow the profile instructions.
· In the event that the detention happens outside of normal working
hours, Officers are to contact DCC directly for direction on the
consignment. Contact details are at point 6.
· From time to time, EU Customs authorities are invited to participate in
EU- wide Customs operations to detect illegal shipments of waste. IPD
as co-ordinator will issue instructions to Officers on actions to be taken
during the course of the operation.
5. RISK INFORMATION FORM
The Risk Information Form (RIF), which is part of Customs Risk Management
System (CRMS), is to be used by staff to inform other EU Customs Authorities
of any irregularities which have come to light in respect of waste movements
within, into and out of the EU. For further information staff should contact:
Nuala O’Callaghan (01) 6744317
Mark Hynes (01) 6774327
Email: Customsriskunitgroup@revenue.ie
6. CONTACT DETAILS
Any general questions on this manual should be directed to:
Prohibitions and Restrictions Unit
rcpr@revenue.ie
01 – 6744329
Irish Customs Coordinator
Christine Hurley
Investigations & Prosecutions Division
Ph: 01 8277713
Email: christine.hurley@revenue.ie
Dublin City Council
Marese Feeney
Office number: 01 222 4276
Mobile number: 086 8389981
Email: waste.enforcement@dublincity.ie