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Control

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Exports Act 2023 Control

Exports Act 2023 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 27

2023 CONTROL

EXPORTS ACT 2023 CONTENTS PART 1 Preliminary and General Section

1. Short title and commencement
2. Interpretation
3. Competent authority
4. Reporting on operation

Act

1. Regulations
2. Expenses
3. Service

notices or documents

1. Repeals and revocations
2. Interpretation for Part 2 PART 2 Control

Dual-Use Items 10. Obligations

exporter under Article 3, 4 or 5

1. Provision supplemental to section 10
2. Order

Minister prohibiting export

dual-use item not specified in Annex I

1. Direction that authorisation required to export dual-use item not specified in Annex I
2. Obligations

broker under Article 6

1. Provision supplemental to section 14
2. Obligations

provider

technical assistance under Article 8

1. Provision supplemental to section 16
2. Order

Minister prohibiting transit

certain dual-use items 19. Direction that authorisation required for transit

dual-use items specified in Annex I

1. Obligations under Article 11
2. Provision relating to decision

competent authority following receipt

relevant notice 22. Interpretation for Part 3 PART 3 Control

Military Items

1. National military export control list
2. Control on export

military item 25. Control on provision

brokering services in respect

military item 26. Control on transit

military item

1. Exemption for Defence Forces or Garda Síochána
2. Application for authorisation PART 4 Authorisation
3. Decision

Minister on application for authorisation 30. Prohibition on transfer

authorisation

1. Requirement to keep records
2. Reporting
3. Requirement to comply with authorisation
4. Revocation, modification or suspension

authorisation 35. Termination

suspension

1. Regulations relating to authorisations PART 5 Internal Reviews and Appeals Chapter 1 Internal review
2. Appointment

decision makers or reviewers

1. Internal review
2. Appointment

adjudicators Chapter 2 Adjudicators 40. Revocation

appointment as adjudicator 41. Liability

adjudicators 42. Rules concerning conduct

appeals before adjudicator Chapter 3 Review

relevant decisions 43. Procedure for appeal

decision under section 38

1. Oral hearing
2. Decision

adjudicator Chapter 4 Exceptional provisions regarding sensitive material and evidence 46. Treatment

certain material

relevance to security or public order

State in appeal against decision under section 43

1. Appeals to be held otherwise than in public
2. Confidentiality

proceedings 49. Designation

legal representatives in respect

certain matters Chapter 5 Appeal against decision

adjudicator 50. Appeal against decision

adjudicator 51. Application to suspend effect

relevant decision 52. Treatment

evidence in relation to appeals against decision

adjudicator 53. Hearing

matters otherwise than in public

1. Proceedings before court other than High Court
2. Interpretation for Part 6
3. Authorised

ficers PART 6 Enforcement 57. Powers

authorised

ficer to request information and enter premises 58. Powers

authorised

ficer on entry

1. Warrant required to enter dwelling
2. Report

authorised

ficer

1. Compliance notice
2. Appeal against or application to suspend compliance notice
3. Application to Circuit Court
4. Forfeiture
5. Proceedings for condemnation by court
6. Power to deal with seizures, before and after condemnation
7. Legal privilege
8. Application

provisions relating to security and hearings otherwise than in public 69. Obstruction PART 7

fences and Penalties

1. False or misleading information
2. Penalties for

fences 72.

fence by body corporate PART 8 Miscellaneous and Transitional Provisions

1. Information sharing
2. Transitional provisions Acts Referred to Civil Service Regulation Acts 1956 to 2005 Companies Act 2014 (No. 38) Control

Exports Act 2008 (No. 1) Customs Act 2015 (No. 18) Defence (Amendment) Act 2006 (No. 20) Defence Act 1954 (No. 18) Defence Acts 1954 to 2015 Ethics in Public

fice Act 1995 (No. 22) Ethics in Public

fice Acts 1995 and 2001 European Parliament Elections Act 1997 (No. 2) Garda Síochána Act 2005 (No. 20) Legal Services Regulation Act 2015 (No. 65) Solicitors Act 1954 (No. 36) Number 27

2023 CONTROL

EXPORTS ACT 2023 An Act to provide for control

the export

items that can be used for civil or military purposes and for control

the provision

brokering services or technical assistance in respect

, or control

transit

, those items; to give full effect to Council Regulation (EU) No. 2021/821

20 May 20211 setting up a Union regime for the control

exports, brokering, technical assistance, transit and transfer

dual-use items (recast); to provide for control

the export

military items and for control

the provision

brokering services in respect

, or control

transit

, those items; to provide for the Minister to grant authorisations to undertake certain activities relating to dual-use items and military items; to provide for a process for appealing certain decisions

the Minister with due regard to the potentially sensitive nature

the subject matter

the appeal, and for those purposes to establish a panel

persons to deal with appeals; to provide for enforcement; to provide for information sharing; to provide for the repeal

the Control

Exports Act 2008 ; and to provide for related matters. [25th October, 2023] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title and commencement 1.

Exports Act 2023.

2008” means the Control

Exports Act 2008 ; “adjudicator” has the meaning given to it by section 39 ; “appellant” has the meaning given to it by section 43 ; “applicant” means a person who applies under Part 4 for an authorisation; “authorisation” means an authorisation to undertake a relevant activity; “basic scientific research” has the same meaning as it has in the General Technology Note or the Nuclear Technology Note set out in Annex I; “broker”— (

1. a)in so far as it relates to a dual-use item, has the meaning given to it by section 9 , and (
2. b)in so far as it relates to a military item, has the meaning given to it by section 22 ; “brokering services”— (
3. a)in so far as it relates to a dual-use item, has the meaning given to it by section 9 , and (
4. b)in so far as it relates to a military item, has the meaning given to it by section 22 ; “company” means a company formed and registered under the Companies Act 2014 or an existing company within the meaning

that Act; “compliance notice” means a compliance notice given under section 61 ; “Council Common Position 2008/944/CFSP” means Council Common Position 2008/944/CFSP

8 December 20082 defining common rules governing control

exports

military technology and equipment amended by Council Decision (CFSP) 2019/15603 ; “cyber-surveillance item” has the same meaning as it has in Article 2; “Defence Forces” has the same meaning as it has in section 2

the Defence Act 1954 ; “dual-use item” has the same meaning as it has in Article 2; “Dual-use Regulation” means Council Regulation (EU) No. 2021/821

20 May 20214 setting up a Union regime for the control

exports, brokering, technical assistance, transit and transfer

dual-use items (recast) amended by Regulation (EU) 2016/2339

the European Parliament and

the Council

14 December 20165 , Regulation (EU) 2019/474

the European Parliament and

the Council

19 March 20196 , Regulation (EU) 2019/632

the European Parliament and

the Council

17 April 20197 , Regulation (EU) 2022/2399

the European Parliament and

the Council

23 November 20228 , Commission Delegated Regulation (EU) 2022/1

20 October 20219 and Commission Delegated Regulation (EU) 2022/699

2 May 202210 ; “export”— (

1. a)in so far as it relates to a dual-use item, has the meaning given to it by section 9 , and (
2. b)in so far as it relates to a military item, has the meaning given to it by section 22 ; “exporter”— (
3. a)in so far as it relates to a dual-use item, has the meaning given to it by section 9 , and (
4. b)in so far as it relates to a military item, has the meaning given to it by section 22 ; “General Data Protection Regulation” means Regulation (EU) 2016/679

the European Parliament and

the Council

27 April 201611 on the protection

natural persons with regard to the processing

personal data and on the free movement

such data, and repealing Directive 95/46/EC (General Data Protection Regulation); “in the public domain” has the same meaning as it has in the General Technology Note or the Nuclear Technology Note set out in Annex I; “International United Nations Force” has the same meaning as it has in the Defence (Amendment) Act 2006 ; “military end-use” means— (a) incorporation into a military item or an item on the national military list

another Member State, (b) use

production, test or analytical equipment and components therefor, for the development, production or maintenance

a military item or an item on the national military list

another Member State, or (c) use

any unfinished products in a plant for the production

a military item or an item on the national military list

another Member State; “military item” has the meaning given to it by section 23

another Member State” means a military list established by a Member State other than the State which has the same force and effect in that Member State as the national military export control list; “Order

2009” means the Control

Exports (Dual Use Items) Order 2009 ( S.I. No. 443

2009 ); “personal data” has the same meaning as it has in the General Data Protection Regulation; “prescribed” means prescribed by regulations made by the Minister; “provider

technical assistance” has the same meaning as it has in Article 2; “record” means any memorandum, book, plan, map, drawing, diagram, pictorial or graphic work or other document, any photograph, film or recording (whether

sound or images or both), any form (including machine-readable form) or thing in which information is held or stored manually, mechanically or electronically and anything that is a part, copy, transcript or reproduction in any form,

any

the foregoing or is a combination

two or more

any

the foregoing; “Regulations

2018” means the Control

Exports (Appeals) Regulations 2018 ( S.I. No. 457

2018 ); “Regulations

2021” means the Control

Exports (Brokering Activities, Goods and Technology) Regulations 2021 ( S.I. No. 207

2021 ); “relevant activity”, in so far as an authorisation is required for the activity under the Dual-use Regulation or Part 2 or Part 3 , means— (a) the export

a relevant item, (b) the provision

brokering services in respect

a relevant item, (c) the provision

technical assistance in respect

a dual-use item, (d) the transit

a relevant item, or (e) the transfer

a dual-use item from the State to a Member State other than the State; “relevant decision” means a decision under— (a) paragraph (b) or (c)

subsection

section 29 , (b) subsection

section 34 , or (c) subsection

section 35 ; “relevant item” means— (a) a dual-use item or cyber-surveillance item in respect

which an authorisation is required under the Dual-use Regulation or Part 2 , or (b) a military item in respect

which an authorisation is required under Part 3 ; “relevant material” means any decision, evidence, document, material or other matter that— (

1. a)is relevant to an appeal under section 43 or 50 , any further appeal following such an appeal or an application under section 51 , (
2. b)is not publicly available, and (
3. c)relates to the security or public order

the State; “relevant notice” means a notice under— (a) subsection

section 10 , (b) subsection

section 14 , or (c) subsection

section 16 ; “relevant person” means— (

1. a)an exporter, broker or person who transits a relevant item, (
2. b)a provider

technical assistance in respect

a dual-use item, or (c) a person who transfers a dual-use item from the State to a Member State other than the State; “technical assistance” has the same meaning as it has in Article 2; “technical data” includes blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instruction in writing or recorded on media or devices such as disk, tape or read only memories; “technology” means specific information necessary for the development, production or operation, installation, maintenance, repair, overhaul or refurbishing

a dual-use or military item, which information takes the form

technical data or technical assistance; “third country” means a country or territory other than the State or another Member State; “transit”— (

1. a)in so far as it relates to a dual-use item, has the meaning given to it by section 9 , and (
2. b)in so far as it relates to a military item, has the meaning given to it by section 22 ; “Union Customs Code” means Regulation (EU) No. 952/2013

the European Parliament and

the Council

9 October 201312 laying down the Union Customs Code (recast).

the Dual-use Regulation, and (b) a reference to a numbered Annex is a reference to the Annex so numbered

the Dual-use Regulation.

the Dual-use Regulation. Reporting on operation

Act 4.

this Act not more than 15 months after this section comes into operation and not less than once every 12 months thereafter, and (b) cause a copy

the report to be laid before each House

the Oireachtas as soon as practicable after it has been prepared.

applications for and grants

authorisations, (b) aggregated details on the number

relevant notices given, (c) aggregated details on the number

directions given under Part 2 or Part 3 , (d) aggregated details on enforcement, including the number

compliance notices given, (

1. e)information on sectoral trends in policy relating to dual-use or military items, and (
2. f)any other matters relating to the operation

this Act that the Minister considers to be relevant.

which would create a risk to the security or public order

the State. Regulations 5.

the Government as he or she considers appropriate, by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

this Act, regulations under this section may— (a) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes

the regulations, and (b) apply either generally or to such class or classes

export, relevant item, or relevant activity as may be specified in the regulations.

the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity

anything previously done thereunder. Expenses 6. The expenses incurred by the Minister in the administration

this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out

monies provided by the Oireachtas. Service

notices or documents 7.

the following ways: (

1. a)by delivering it to the person; (
2. b)by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; (
3. c)by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address; (
4. d)by electronic means, in a case in which the person has given notice in writing to the person giving the notice concerned

his or her consent to the notice (or notices

a class to which the notice belongs) being given to him or her in that manner.

this section, a company formed and registered under the Companies Act 2014 or an existing company within the meaning

that Act is deemed to be ordinarily resident at its registered

fice, and every other body corporate and every unincorporated body

persons shall be deemed to be ordinarily resident at its principal

fice or place

business. Repeals and revocations 8.

2008 is repealed.

the following instruments is revoked: (a) the Order

2009; (b) the Regulations

2018; (c) the Regulations

2021. PART 2 Control

Dual-Use Items Interpretation for Part 2 9. In this Part— “broker” has the same meaning as it has in Article 2; “brokering services” has the same meaning as it has in Article 2; “export” has the same meaning as it has in Article 2; “exporter” has the same meaning as it has in Article 2; “transit” has the same meaning as it has in Article 2; “use” in relation to use

a dual-use or cyber-surveillance item means the item may be used in its entirety or in part as a dual-use or cyber-surveillance item. Obligations

exporter under Article 3, 4 or 5 10.

an

fence.

an

fence.

Article 4

.1, he or she shall, at least 60 days before the export, as required by Article 4.2, give notice to the competent authority. (b) An exporter who contravenes paragraph (a) shall be guilty

an

fence.

Article 4

.1, he or she shall, at least 60 days before the export, give notice to the competent authority

his or her grounds to so suspect. (

1. b)An exporter who contravenes paragraph (
2. a)shall be guilty

an

fence.

an

fence.

due diligence, that a cyber-surveillance item not specified in Annex I that he or she proposes to export is intended for use in a manner specified in Article 5.1, he or she shall, at least 60 days before the export, as required by Article 5.2, give notice to the competent authority. (b) An exporter who contravenes paragraph (a) shall be guilty

an

fence.

his or her grounds to so suspect. (

1. b)An exporter who contravenes paragraph (
2. a)shall be guilty

an

fence. Provision supplemental to section 10 11.

a notice referred to in subsection

section 10 , the competent authority shall consider the matter and give notice to the exporter

the decision

the authority— (a) that an authorisation is not required for the export

the dual-use or cyber-surveillance item the subject

the notice, or (b) directing the exporter to apply for an authorisation to export the dual-use or cyber-surveillance item.

an

fence. Order

Minister prohibiting export

dual-use item not specified in Annex I 12.

public security including the prevention

acts

terrorism or for human rights considerations, and (b) having consulted with such other Minister

the Government as he or she considers appropriate, by order prohibit the export without an authorisation

the dual-use item not specified in Annex I as is specified in the order.

an

fence. Direction that authorisation required to export dual-use item not specified in Annex I 13.

public security including the prevention

acts

terrorism or for human rights considerations, the competent authority may give notice to an exporter directing him or her to apply for an authorisation to export the dual-use item.

a direction under subsection

an

fence. Obligations

broker under Article 6 14.

an

fence.

Article 4

.1, he or she shall, at least 60 days before the provision

the brokering services, give notice to the competent authority. (

1. b)A broker who contravenes paragraph (
2. a)shall be guilty

an

fence.

Article 4

.1, provides brokering services in relation to the dual-use item shall be guilty

an

fence.

Article 4

.1, he or she shall, at least 60 days before he or she provides brokering services, give notice to the competent authority

his or her grounds to so suspect. (

1. b)A broker who contravenes paragraph (
2. a)shall be guilty

an

fence. Provision supplemental to section 14 15.

a notice referred to in subsection

section 14 , the competent authority shall consider the matter and give notice to the broker

the decision

the authority— (a) that an authorisation is not required for the provision

brokering services in relation to the dual-use item the subject

the notice, or (b) directing the broker to apply for an authorisation for the provision

brokering services in relation to the dual-use item.

an

fence. Obligations

provider

technical assistance under Article 8 16.

technical assistance who contravenes Article 8.1 shall be guilty

an

fence.

technical assistance is aware that a dual-use item specified in Annex I in relation to which he or she proposes to provide technical assistance is intended for use in a manner specified in paragraph (a), (b) or (c)

Article 4

.1, he or she shall, at least 60 days before the provision

the technical assistance, give notice to the competent authority. (b) A provider

technical assistance who contravenes paragraph (a) shall be guilty

an

fence.

technical assistance who, having been informed by the competent authority that a dual-use item not specified in Annex I is or may be intended for use in a manner specified in paragraph (a), (b) or (c)

Article 4

.1, provides technical assistance in relation to the dual-use item, shall be guilty

an

fence.

technical assistance has grounds to suspect that a dual-use item, whether or not specified in Annex I, in relation to which he or she proposes to provide technical assistance is or may be intended for use in a manner specified in paragraph (a), (b) or (c)

Article 4

.1, he or she shall, at least 60 days before he or she provides the technical assistance, give notice to the competent authority

his or her grounds to so suspect. (b) A provider

technical assistance who contravenes paragraph (a) shall be guilty

an

fence.

technical assistance in relation to a dual-use item where the technical assistance— (a) is provided within or into the territory

a destination specified in Part 2

Section A

Annex II, (b) takes the form

transferring information that is in the public domain or consists

basic scientific research, (c) is provided to the Permanent Defence Forces on the basis

tasks assigned to them, (d) is provided for a basis or purpose which is cited in the exemptions from items

the Missile Technology Control Regime in Part I

Annex IV, or (e) is the minimum necessary for the installation, operation, maintenance (including checking) or repair

a dual-use item for which an authorisation has been granted and is in force. Provision supplemental to section 16 17.

a notice referred to in subsection

section 16 , the competent authority shall consider the matter and give notice to the provider

technical assistance

the decision

the authority— (a) that an authorisation is not required for the provision

technical assistance in relation to the dual-use item the subject

the notice, or (b) directing the provider

technical assistance to apply for an authorisation for the provision

technical assistance in relation to the dual-use item.

technical assistance who receives a direction under subsection

technical assistance who contravenes subsection

an

fence. Order

Minister prohibiting transit

certain dual-use items 18.

Article 4

.1, and (b) having consulted with such other Minister

the Government as he or she considers appropriate, by order prohibit the transit through or from the State

the non-Union dual-use item or dual-use item as may be specified in the order.

an

fence. Direction that authorisation required for transit

dual-use items specified in Annex I 19.

Article 4

.1, the competent authority may, in accordance with Article 7.2, give notice to a person directing him or her to apply for an authorisation to transit the dual-use item.

a direction under subsection

an

fence. Obligations under Article 11 20.

an

fence.

Article 11.2 apply to the item.

(b) A person who transfers a dual-use item in contravention

paragraph (a) shall be guilty

an

fence. Provision relating to decision

competent authority following receipt

relevant notice 21.

the relevant notice.

Military Items Interpretation for Part 3 22. In this Part— “broker” means a person who provides brokering services, within the meaning

this Part, from the customs territory

the European Union into the territory

a third country; “brokering services” means— (a) negotiating or arranging transactions that may involve the transfer

a military item from a third country to another third country, or (b) buying or selling or arranging the transfer

a military item, owned by the provider

the brokering service, from a third country to another third country; “Common Military List

the European Union” means the list referred to in Article 346

the Treaty on the Functioning

the European Union which was drawn up on 15 April 1958 and has been updated periodically by the Council; “export” means any

the following: (a) an export procedure within the meaning

Article 269

the Union Customs Code; (b) a re-export within the meaning

Article 270

the Union Customs Code but not including items in transit through the customs territory

the European Union; (c) transmission

software or technology by electronic media including by fax, telephone, electronic mail or any other electronic means to a destination outside the European Union, including making available in an electronic form such software and technology to legal and natural persons and partnerships outside the European Union; (d) oral transmission

technology when the technology is described over the telephone; “exporter” means— (a) an individual carrying items to be taken out

the customs territory

the European Union where these items are contained in the private individual’s personal baggage, or (

1. b)in all other cases— (
2. i)a person established in the customs territory

the European Union who has the power to determine and has determined that the items are to be taken out

that customs territory, or (ii) any person established in the customs territory

the European Union who is a party to a contract under which items are to be taken out

that customs territory; “transit” means— (a) the operation

transport

goods leaving the customs territory

the European Union and passing through the territory

one or more third countries with a final destination in another third country, or (b) the operation

transport

goods leaving the customs territory

the European Union and intended for re-importation into that customs territory within a period not exceeding 24 months. National military export control list 23.

the Government as he or she considers appropriate, may prescribe a list

items, other than dual-use items, which shall be known as the national military export control list.

the European Union, (

1. b)the item has been specially designed, developed or modified significantly for military purposes, (
2. c)it is necessary for, and proportionate to, the protection

the essential interests

the State’s security, which are connected with the production

or trade in items listed in the Common Military List

the European Union, and (d) it does not or will not adversely affect the conditions

competition in the internal market regarding products which are not intended for specifically military purposes.

public security. Control on export

military item 24.

an

fence. Control on provision

brokering services in respect

military item 25.

a military item, where that item is being exported— (

1. a)from one third country to another third country, (
2. b)from the State to a third country, or (
3. c)from a Member State other than the State to a third country, unless he or she has been granted an authorisation for the provision

the brokering services.

the brokering services required in respect

a military item, or (b) who provides brokering services in respect

a military item outside the State and is— (

1. i)an Irish citizen, or (
2. ii)a company or another body corporate or unincorporated body

persons constituted and otherwise subject to the laws

the State.

a military item outside the State, pursuant to an authorisation or other licence or consent for the provision

the brokering services with like effect to an authorisation, granted to the person according to the laws

a Member State other than the State.

an

fence. Control on transit

military item 26.

an

fence. Exemption for Defence Forces or Garda Síochána 27. The export

a military item shall not be an

fence under section 24 where the export is carried out on a temporary basis— (a) by the Defence Forces for any purpose connected with the despatch for service outside the State, under the provisions

the Defence Acts 1954 to 2015,

a contingent or member

the Defence Forces or for the purpose

— (

1. i)such military item being repaired, overhauled, refitted, modified, tested or maintained, and returned to the State, (
2. ii)such military item being used at international competitions, or (iii) the testing

munitions, or (b) by the Garda Síochána for any purpose connected with the despatch for service outside the State under the provisions

the Garda Síochána Act 2005

a member

the Garda Síochána or for the purpose

— (

1. i)such military item being repaired, overhauled, refitted, modified, tested or maintained, and returned to the State, (
2. ii)such military item being used at international competitions, or (iii) the testing

munitions. PART 4 Authorisation Application for authorisation 28.

relevant activity in respect

which the applicant is applying for an authorisation, (

1. c)include, as respects the relevant activity or class specified in accordance with paragraph (b), certification by the applicant as to the proposed use to which the item for which the authorisation is sought shall be put (in this section referred to as an “end-use certificate”), and (
2. d)contain such other information as may be prescribed concerning the applicant, agent, consignee, end-user, description and identification

the dual-use or military item, proposed end-use

the item, intended number

dual-use or military items proposed to be exported, and duration

the authorisation.

Minister on application for authorisation 29.

the Government or such other person as he or she considers appropriate.

all relevant considerations including the matters set out in paragraphs (a) to (d)

Article 15

, and (b) for a military item, take account

the criteria set out in Article 2

Council Common Position 2008/944/CFSP.

making a decision on an application for an authorisation, the Minister, in addition to complying with subsection

the decision under subsection

the authorisation would contravene the Dual-use Regulation, Part 2 or Part 3 , (b) the applicant has, in purported compliance with this Act, provided information to the Minister which the applicant knows to be false or misleading in a material particular, or in respect

which the applicant is reckless as to whether or not it is false or misleading in a material particular, (c) the applicant has committed an

fence under this Act or any other enactment relating to the control

exports such that in the opinion

the Minister, the applicant is not a fit and proper person to hold an authorisation, (d) in the opinion

the Minister, the granting

the authorisation would affect, or be likely to affect, the security or public order

the State, or (e) in the opinion

the Minister, the granting

the authorisation would be inconsistent with European Union and international export control obligations, national security policy or human rights considerations.

the application.

the State, he or she— (

1. a)may decide not to provide the applicant with such reasons to the extent necessary in order to avoid or minimise such risk, and (
2. b)shall include in the notice under subsection

authorisation 30.

an authorisation shall not transfer the authorisation to another person.

subsection

an

fence.

an authorisation in contravention

subsection

an authorisation who— (

1. a)exports a relevant item, (
2. b)provides brokering services in respect

a relevant item, (c) provides technical assistance in respect

a dual-use item, (

1. d)transits a relevant item, or (
2. e)transfers a dual-use item from the State to another Member State, under the authorisation shall make and keep a detailed record identifying each item exported, transmitted or transferred, or each brokering service or technical assistance provided, as the case may be, under the authorisation.

the exported item; (b) the quantity

the exported item; (c) the name and address

the exporter and

the consignee; (d) where known, the end-use and end-user

the item.

subsection

the item; (b) the period during which the item was the subject

brokering services or technical assistance; (c) the destination

the item and services or assistance; (d) the countries concerned by the services or assistance.

not less than 5 years from the end

the calendar year in which the relevant activity referred to in paragraph (a), (b), (c), (

1. d)or (
2. e)was carried out (in this section referred to as the “retention period”).

the authorisation shall make the record and documents contained therein available for inspection by or on behalf

the Minister at any time during the retention period.

the authorisation shall after the retention period make arrangements, other than where the Minister otherwise directs or where legal proceedings are in being relating to the authorisation concerned, for those records to be destroyed or deleted.

an

fence. Reporting 32.

an authorisation requesting him or her to provide a report to the Minister, in the form and in relation to the period specified in the request, containing information regarding the carrying out by the holder

the authorisation

the activities to which the authorisation relates.

an authorisation shall provide the information requested by the Minister within the period specified in the request.

an authorisation shall, in relation to the authorisation, give notice to the Minister as soon as practicable, but in any event not later than 30 days from the date the matter comes to the knowledge

the holder,

any material matter.

the applicant,

any material matter.

the authorisation

which the holder

the authorisation is aware, (b) any change in circumstances that is likely to have a bearing on the carrying out

the relevant activity to which the authorisation refers by the holder

the authorisation, (c) any change to the information provided by the holder

the authorisation under section 28

the authorisation in the information provided by the holder under section 28

an

fence. Requirement to comply with authorisation 33.

an

fence. Revocation, modification or suspension

authorisation 34.

an authorisation relating to the export

, or provision

brokering services or technical assistance in respect

a dual-use item or relating to a military item where— (

1. a)it appears to him or her to be necessary having considered— (
2. i)a report under section 32

a material matter under section 32

the authorisation, (

1. b)it appears to the Minister that relevant information was not provided with the application for the authorisation, (
2. c)in the absence

a notice under section 32

a material matter within the meaning

section 32

the authorisation fails to comply with an order

the Circuit Court under section 63 .

an authorisation under this section the Minister shall consider, as appropriate, the matters referred to in paragraph (a) or (b)

section 29

an authorisation under this section, he or she shall, in accordance with procedures prescribed under section 36 , give notice to the holder

the authorisation

the proposal and shall give the holder an opportunity to make observations in writing to it in relation to the matter.

a proposal to revoke or modify an authorisation or suspend the operation

an authorisation and may request information in relation to the proposal from the person, to be provided to the Minister within the period specified in the notice.

the authorisation and any information provided under subsection

the authorisation or attach conditions to that revocation, modification or suspension and shall give notice to the holder

the authorisation

his or her decision which, in the case

a decision to suspend the operation

an authorisation, shall include the period

the suspension, and, subject to subsection

the operation

an authorisation, the person who was the holder

the authorisation in the case

a revocation, or is the holder, in the case

a modification or suspension, shall be liable to comply with the conditions notwithstanding that revocation, modification or suspension.

the State, he or she— (a) may decide not to provide the recipient

the notice with such reasons to the extent necessary in order to avoid or minimise such risk, and (b) shall include in the notice under subsection

suspension 35.

an authorisation whose authorisation has been suspended under section 34 may apply to the Minister before the expiry

the period

the suspension, upon the compliance by the holder with a condition attached under section 34

an authorisation who makes an application under subsection

the authorisation may be terminated.

the authorisation to furnish further information for the purpose

making a decision on an application under subsection

the authorisation concerned complies with that request.

the authorisation, or (b) refuse to terminate the suspension

the authorisation.

the authorisation

his or her decision, and, subject to subsection

the State, he or she— (a) may decide not to provide the recipient

the notice with such reasons to the extent necessary in order to avoid or minimise such risk, and (b) shall include in the notice under subsection

giving further effect to the Dual-use Regulations, prescribe any or all

the following matters: (

1. a)the form and manner in which an application shall be made, including by electronic means; (
2. b)any

the information referred to in section 28

a request for information or further information under section 28

authorisation; (f) conditions that may be attached to each authorisation

a prescribed class, including— (i) the duration

the authorisation, (ii) the requirement that the holder

the authorisation provides an end-user certificate in respect

all exports, and (iii) general conditions appropriate to the class

authorisation; (

1. g)procedures relating to and information to be provided to or sought by the Minister in relation to a material matter; (
2. h)procedures relating to and information to be provided to or sought by the Minister for the purposes

revocation or suspension

an authorisation under section 34 or termination

a suspension under section 35 and any other matter for the purposes

those sections; (i) the form, including electronic form,

an authorisation; (j) such other matters as the Minister considers necessary or expedient for the purposes

this section. PART 5 Internal Reviews and Appeals Chapter 1 Internal review Appointment

decision makers or reviewers 37. The Minister may appoint such and so many

his or her

ficers as he or she considers appropriate— (

1. a)to make a relevant decision (in section 38 referred to as a “decision maker”), or (
2. b)to carry out a review

a relevant decision (in section 38 referred to as a “reviewer”). Internal review 38.

a relevant decision may, not later than 14 days from the date

the giving

the notice, request in writing (in this section referred to as a “review request”) a review

the relevant decision.

the review request, appoint a reviewer to review the relevant decision.

a grade senior to the grade

the decision maker.

making his or her decision under subsection

the decision and, subject to subsection

the State, he or she— (

1. a)may decide not to provide the person who made the review request with such reasons to the extent necessary in order to avoid or minimise such risk, and (
2. b)shall include in the notice under subsection

the reviewer.

the relevant decision to which the decision under subsection

his or her decision under subsection

adjudicators 39.

persons who have been appointed as adjudicators.

the Legal Services Regulation Act 2015 , or a former judge

the Circuit Court, High Court, Court

Appeal or Supreme Court, (b) the Minister is satisfied that the person has the requisite knowledge or experience

matters relevant to the functions

an adjudicator, and (c) the Minister is satisfied that it is appropriate for the person, having regard to the security or public order

the State, to carry out the functions

an adjudicator, including by reference to such clearance, verification or background checks as may be prescribed.

paragraphs (d) to (m)

subsection

adjudicators.

the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine, and (c) shall be appointed subject to such terms and conditions as the Minister may specify.

an adjudicator under this section shall cease upon— (a) the expiry

a period specified by the Minister under subsection

the appointment under section 40 , (c) the resignation

the adjudicator, (d) the conviction

the adjudicator on indictment

an

fence, (e) the conviction

the adjudicator

an

fence involving fraud or dishonesty, (f) the making

a declaration against the adjudicator under section 819

the Companies Act 2014 or the deeming

the adjudicator to be subject to such a declaration by virtue

Chapter 5

Part 14

that Act, (g) the adjudicator being subject to, or being deemed to be subject to, a disqualification order within the meaning

Chapter 4

Part 14

the Companies Act 2014 whether by virtue

that Chapter or

any other provision

that Act, (h) the adjudicator being nominated as a member

Seanad Éireann, (i) the adjudicator being elected as a member

either House

the Oireachtas or to be a member

the European Parliament, (j) the adjudicator being regarded pursuant to Part XIII

the Second Schedule to the European Parliament Elections Act 1997 as having been elected to be a member

the European Parliament, (k) the adjudicator being elected or co-opted as a member

a local authority, (l) the adjudicator’s name being removed, where the adjudicator is a practising barrister, from the roll

practising barristers (which shall be construed in accordance with section 2

the Legal Services Regulation Act 2015 ), or (m) the adjudicator’s name being struck

f, where the adjudicator is a practising solicitor, the roll

solicitors (which shall be construed in accordance with section 9

the Solicitors Act 1954 ).

either House

the Oireachtas to sit therein, or (b) a member

the European Parliament, shall, while the person is so entitled or is such a member, as the case may be, be disqualified for

fice as an adjudicator.

fice, ceases to hold

fice or is removed from

fice, the Minister may appoint, in the same manner as the adjudicator who occasioned the casual vacancy was appointed, a person to be an adjudicator to fill the casual vacancy so occasioned.

fice for that period

the term

fice

the adjudicator who occasioned the casual vacancy concerned that remains unexpired at the date

the appointment and shall be eligible for reappointment as an adjudicator on the expiry

the said period.

appointment as adjudicator 40.

an adjudicator if the Government is satisfied that one or more

the grounds specified in subsection

performing the functions

an adjudicator, (

1. b)has engaged in serious misconduct, (
2. c)has failed without reasonable cause to perform his or her functions under this Act for a continuous period

at least 3 months, or (d) has contravened to a material extent a provision

the Ethics in Public

fice Acts 1995 and 2001 that, by virtue

a regulation under section 3

the Ethics in Public

fice Act 1995 , applies to the adjudicator.

an adjudicator under subsection

the proposal.

the reasons for the proposed revocation

appointment, (b) that the adjudicator may, not later than 30 working days from the giving

the notice or such longer period as the Government may, having regard to the requirements

natural justice, specify in the notice, make representations to the Government in such form and manner as may be specified by the Government as to why the appointment

the adjudicator should not be revoked, and (

1. c)that where no representations are received within the period referred to in paragraph (
2. b)or the period specified in the notice, as the case may be, the Government shall, without further notice to the adjudicator, proceed with the revocation

the appointment

the adjudicator in accordance with this section.

an adjudicator under subsection

subsection

their decision.

an adjudicator, they shall give notice to the adjudicator

the decision and the reasons for that decision. Liability

adjudicators 41. An adjudicator shall not be liable in damages in respect

any act done or omitted to be done by the adjudicator in the performance, or purported performance,

functions under this Act, unless the act or omission concerned was done in bad faith. Rules concerning conduct

appeals before adjudicator 42.

the Government as he or she considers appropriate, may prescribe rules in relation to the conduct

appeals falling under this Chapter to be determined by an adjudicator.

subsection

an appeal; (b) the identities, number

, or conduct

, parties to an appeal; (c) requirements for notification

an appeal by a party to an adjudicator; (

1. d)the place at, time at and manner in which adjudicators may sit, including whether and how adjudicators shall sit individually or as a panel; (
2. e)information or documentation to be supplied to an adjudicator by parties to an appeal, and the manner in which it is to be so supplied; (
3. f)an adjudicator’s power to require submission by a person

information or documentation that is necessary for the determination

an appeal; (g) dismissal

an appeal which in the opinion

the adjudicator is frivolous or vexatious or without substance or foundation; (h) advising the appellant

his or her rights in an appeal, including the right— (

1. i)to be present at the appeal, (
2. ii)to present a case in person at an appeal, or (iii) to present a case through a legal representative at the appellant’s own expense; (
3. i)procedures applicable to the hearing

an appeal; (j) the calling and examination

witnesses in an appeal; (k) time limits applicable to the conduct

appeals; (

1. l)the manner in which submissions are made to the adjudicator by parties to an appeal or other persons; (
2. m)procedures for the consolidation and hearing

two or more than two appeals together; (

1. n)procedures for delayed or abandoned appeals; (
2. o)procedures for the separation

appeals; (p) procedures for imposing restrictions in relation to disclosure, publication or reporting, during or after the hearing

an appeal,

a matter that the adjudicator considers— (i) to relate to the security or public order

the State, or (

1. ii)to be commercially sensitive; (
2. q)recording

, or prohibiting the recording

, proceedings before an adjudicator; (r) without prejudice to section 44

, such support

an administrative nature as the Minister considers necessary to enable the performance

an adjudicator’s functions. Chapter 3 Review

relevant decisions Procedure for appeal

decision under section 38 43.

his or her appeal to the Minister, in such form as the Minister may specify, where the appellant is appealing a decision referred to in subsection

receipt by the appellant

a notice under section 38

the adjudicator or adjudicators so designated.

the grounds upon which the appeal is made and provide to the adjudicator all

the documents and evidence upon which the applicant intends to rely to support those grounds, and (c) subject to this Act, and to any rules prescribed under section 42 , submit the appeal in such manner or subject to such conditions as the adjudicator may direct.

the grounds upon which the appeal is responded to and provide to the adjudicator all

the documents and evidence upon which the Minister intends to rely to support those grounds.

an appeal, to make submissions to the adjudicator other than submissions related to the grounds stated, or documents and evidence provided under, subsection

an appeal, require or permit a party to an appeal to— (a) make submissions to the adjudicator other than submissions related to the grounds stated or documents and evidence provided under subsection

submissions.

a decision under section 38 to which the appeal relates pending the decision

the adjudicator. Oral hearing 44.

the appeal, the adjudicator considers that it is necessary to conduct an oral hearing in order to properly and fairly determine the appeal.

any matter in issue in an appeal, and (c) produce any relevant documents within the person’s possession, control or procurement.

court, would be contempt

such court, shall be guilty

an

fence. Decision

adjudicator 45.

an appeal under section 43 , an adjudicator shall— (a) where the adjudicator is satisfied that a serious or significant error was, or a series

errors were, made in making the decision to which the appeal relates, or that the decision was made without complying with this Act or with fair procedures, allow the appeal and remit the matter, for stated reasons, to the Minister to determine the matter— (i) with a direction to make such determination taking into account the findings

the adjudicator, and (ii) within such period, not being more than 30 days from the date on which the notice under subsection

his or her decision under this section, as soon as practicable after it is made, to the Minister, the appellant and such other parties as the adjudicator may determine.

the adjudicator under this section shall be final save that an appeal from that decision may be made in accordance with section 50 . Chapter 4 Exceptional provisions regarding sensitive material and evidence Treatment

certain material

relevance to security or public order

State in appeal against decision under section 43 46.

the Minister, or

an

ficer

the Minister appointed by the Minister to provide such information, that there are reasonable grounds for believing that the disclosure to an appellant

relevant material would create a risk to the security or public order

the State, the adjudicator may— (

1. a)where satisfied that the relevant material can be redacted in a way that removes that risk, direct the Minister to provide the relevant material to the appellant subject to such redactions, (
2. b)where satisfied that the relevant material or part thereof can be summarised or described in a way that removes that risk, direct the Minister to provide the appellant with such a summary or description, and (
3. c)take the relevant material into account in making a decision under section 45 , regardless

the extent to which the relevant material is provided to the appellant.

the Minister, be disclosed by any person to any person other than a party to the appeal.

the information, provided to the adjudicator with the request, shall be provided to the party.

the information provided with the Minister’s request under subsection

the adjudicator under subsection

an

fence. Appeals to be held otherwise than in public 47.

any proceedings relating to the appeal before him or her all persons except— (

1. a)a person providing services to the adjudicator, whose presence is necessary for the adjudicator to deal with the proceedings in accordance with this Act, (
2. b)the parties to the appeal, (
3. c)the legal representatives

the parties to the appeal, and (d) a witness whose evidence is relevant to the appeal, for as long as the witness’s presence is required for the purpose

providing such evidence.

such proceedings, in public would not create a risk to the security or public order

the State, and (b) gives notice to the adjudicator

that fact.

subsection

that fact, and (b) conduct proceedings relating to the appeal or to the specified matters forming part

the appeal, as the case may be, to which subsection

proceedings 48.

such an appeal, to any person other than— (

1. i)a party to the appeal, (
2. ii)a legal representative

a party to the appeal, (iii) the adjudicator, (

1. iv)a witness whose evidence is relevant to the appeal, to the extent such disclosure is necessary for the witness to give such evidence, or (
2. v)where an appeal is taken under section 50 , to— (I) the court, (II) a party to the appeal, (III) a legal representative

a party to the appeal, or (IV) a witness whose evidence is relevant to the appeal, to the extent such disclosure is necessary for the witness to give such evidence.

an

fence. Designation

legal representatives in respect

certain matters 49.

this section.

section 39

the State, to act as an approved legal representative, including by reference to such clearance, verification or background checks as may be prescribed.

such appeal is likely to create a particularly sensitive and serious risk to the security or public order

the State, and (b) section 47

the appeal, as the case may be, the Minister may specify that this section applies to that appeal or to that specified matter.

an appeal, give notice to the parties to the appeal

that fact.

an appeal, before a court or adjudicator, as the case may be, in respect

the matter, or (c) where this section applies to an appeal generally or to a specified matter forming part

an appeal, before a court in an application under section 51 relating to that appeal.

this section. Chapter 5 Appeal Against Decision

Adjudicator Appeal against decision

adjudicator 50.

the High Court, appeal to that court on a point

law not later than 30 days from the date on which the party was notified

the decision.

justice.

court may make provision for the expeditious hearing

appeals under this section.

the High Court in an appeal taken under this section is final and no appeal lies from the decision to the Court

Appeal except with the leave

the High Court, which shall only be granted if the High Court certifies that its decision involves a point

law

exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Court

Appeal. Application to suspend effect

relevant decision 51. Where an appeal under section 50 relates to a decision under section 38 concerning a relevant decision referred to in paragraph (a)

the definition

relevant decision in section 2 , the bringing

the appeal does not suspend the effect

the relevant decision unless— (a) the appellant, in addition to making an appeal under section 50 , applies to the High Court to have the effect

that relevant decision suspended until such time as the appeal is determined, and (b) the High Court, where it considers it appropriate to do so having regard to all the circumstances

the case, orders that the effect

the relevant decision, or such particular effects

the relevant decision as the court may order, are suspended until the appeal is determined, or until such other time as the court may order. Treatment

evidence in relation to appeals against decision

adjudicator 52.

the Minister, or

an

ficer

the Minister appointed by the Minister to provide such information, that there are reasonable grounds for believing that the disclosure to a party to the appeal

relevant material would create a risk to the security or public order

the State— (

1. i)where satisfied that the relevant material can be redacted in a way that removes that risk, direct the Minister to provide the relevant material to the appellant subject to such redactions, or (
2. ii)where satisfied that the relevant material or part thereof can be summarised or described in a way that removes that risk, direct the Minister to provide the appellant with such a summary or description, (
3. b)where it is not satisfied by the information on oath or affirmation referred to in paragraph (
4. a)that the disclosure to a party

relevant material would create a risk to the security or public order

the State, direct that the relevant material, or such part

that material as the High Court may direct, be provided to the party, and (c) take the relevant material into account in making its decision in relation to the appeal or application, as the case may be, regardless

the extent to which, or ways in which, the relevant material is provided to the party in accordance with this section.

the High Court under subsection

the Minister, be disclosed by the court, an

ficer or agent

the court, or any other person, to any person other than a party to the appeal.

the information, provided to the High Court with the application, shall be provided to the party.

the State, and (b) the summary provided with the application for that order is sufficiently clear and detailed to allow the party effectively to challenge the basis on which, or way in which, the information on oath or affirmation is not being provided to it, or provided to it in part, as the case may be, and the Minister shall comply with such an order.

an

fence. Hearing

matters otherwise than in public 53. The High Court may hear the whole or part

any proceedings before it under this Part otherwise than in public if that court considers that the security

the State or the interests

justice so require. Proceedings before court other than High Court 54. Where a court other than the High Court deals with an appeal in relation to which leave is granted under section 50

ficer” means a person appointed under section 56 to be an authorised

ficer; “compliance notice” means a compliance notice given under section 61 ; “condemnation proceedings” has the meaning given to it by section 65

claim” has the meaning given to it by section 64

the period within which an appeal may be brought under section 62 , or (b) where an appeal is brought under section 62 , on the later

the date on which the compliance notice is confirmed on appeal or the appeal is withdrawn, or the date specified in the compliance notice as the date on which it is to come into effect; “vehicle” means any conveyance in or by which any person or thing, or both, is or are, as the case may be, transported which is designed for use on land, in water or in the air, or in more than one

those ways, and includes— (a) a part

a vehicle, (b) an article designed as a vehicle but not capable

functioning as a vehicle, and (c) any container, trailer, tank or any other thing which is or may be used for the storage

goods in the course

carriage and is designed or constructed to be placed on, in, or attached to, any vehicle.

ficers 56.

the

ficers

the Minister as he or she considers appropriate to be an authorised

ficer for the purposes

this Act, and (b) such other person as he or she deems appropriate to be an authorised

ficer for such period and subject to such terms (including terms as to remuneration and allowances for expenses) as he or she, with the consent

the Minister for Public Expenditure, National Development Plan Delivery and Reform, may determine, for the purposes

this Act.

ficer shall be given a warrant

appointment and, when performing any function imposed under this Act, shall, on request by any person affected thereby, produce the warrant or a copy thereof, together with a form

personal identification to that person for inspection.

ficer

the Minister, or (c) if the appointment is for a fixed period, on the expiry

that period. Powers

authorised

ficer to request information and enter premises 57. For the purposes

this Act, an authorised

ficer who has reasonable grounds for believing a person is engaged in a relevant activity may— (a) by notice given to any person who the authorised

ficer has reasonable grounds for believing is involved in a relevant activity, require that person— (i) to furnish to him or her any information, records or other items referred to in section 58 in the person’s possession which the authorised

ficer reasonably requires and specified in the notice, within the period specified in the notice, and (ii) where appropriate to attend before the authorised

ficer to answer such questions as the authorised

ficer may ask relative to those matters and to make a declaration

the truth

the answers to those questions, (b) following the receipt

information, records or evidence under paragraph (a), by notice given, require that person to furnish such further information, records or other items that the authorised

ficer may reasonably require and specified in the notice, within the period specified in the notice, or (c) subject to section 59 , enter (if necessary by the use

reasonable force) at all reasonable times any premises— (

1. i)that he or she has reasonable grounds for believing, has been or is being used in connection with a relevant activity, or (
2. ii)at which, he or she has reasonable grounds for believing, records or documents relating to a relevant activity are kept. Powers

authorised

ficer on entry 58.

ficer is carrying out a function in accordance with section 57 , he or she may— (a) at a premises referred to in section 57 (c), request the production

an authorisation or such other documents as the authorised

ficer reasonably requires, (b) conduct, or cause to be conducted, such examinations and inspections

— (

1. i)any relevant item, (
2. ii)packaging

a relevant item, (iii) any article or substance used in connection with the manufacture, labelling, packaging or storage

a relevant item, (

1. iv)production, test or analytical equipment, components, instruction manuals or other technical data related to a relevant item, or (
2. v)any machinery, plant, records or equipment, including electronic equipment, found at the premises as he or she reasonably considers to be necessary for the purposes

his or her functions under this Act, (

1. c)require any person at the premises to— (
2. i)give to the authorised

ficer such assistance and information, including access to any electronic information system, and (ii) produce to the authorised

ficer— (I) such labels or packaging relating to relevant items, and (II) books, documents or other records (and in the case

documents or records stored in non-legible form, a legible reproduction thereof), that are in that person’s possession or procurement, as the authorised

ficer may reasonably require for the purposes

his or her functions under this Act, (d) require any person at the premises to answer such questions as the authorised

ficer may ask relative to any matter in connection with compliance with this Act, (e) for the purposes

analysis and examination, take samples

— (

1. i)any substance or product— (I) that is a relevant item, or (II) that he or she has reasonable grounds for believing is a relevant item, (
2. ii)packaging relating to any such substance or product, or (iii) any article or substance used in the manufacture, labelling, packaging or storage

any such substance or product, found at the premises, (

1. f)direct that any— (
2. i)substance or product— (I) that is a relevant item, or (II) that he or she has reasonable grounds for believing to be a relevant item, or (
3. ii)packaging relating to any such substance or product, that is found at the premises not be moved from the premises without his or her consent, (
4. g)secure for later inspection a premises entered under section 57 (
5. c)or pursuant to a warrant under section 59 , or any part

the premises, in which— (

1. i)any substance or product— (I) that is a relevant item, or (II) that he or she has reasonable grounds for believing is a relevant item, (
2. ii)packaging relating to any such substance or product, or (iii) any article or substance used in the manufacture, labelling, packaging or storage

any such substance or product, is found or ordinarily kept, for such period as may reasonably be necessary for the purposes

his or her functions under this Act, (h) take possession

, remove from the premises and retain (for such period as he or she considers reasonably necessary for the purposes

his or her functions under this Act) for examination and analysis— (

1. i)any substance or product that is a relevant item or that he or she has reasonable grounds for believing is a relevant item, (
2. ii)packaging relating to any such substance or product, or (iii) any article or substance used in the manufacture, labelling, packaging or storage

any such substance or product, found at the premises, (

1. i)seize any relevant item and mark or otherwise identify it and remove it from the premises, (
2. j)detain a vehicle, for such reasonable period necessary for the purposes

permitting an inspection or a search under this section either at the premises or at such other location to which the authorised

ficer requires it to be moved, (k) at the premises inspect and take copies

any records (including records stored in non-legible form), or extracts therefrom and retain them for such period as he or she reasonably considers to be necessary for the purposes

his or her functions under this Act, (l) require any person at the premises, to produce to the authorised

ficer such books, documents or other records (and in the case

documents or records stored in non-legible form, a legible reproduction thereof) that are in that person’s possession or procurement, or under that person’s control, as he or she may reasonably require for the purposes

his or her functions under this Act, (m) require any person by or on whose behalf data equipment is or has been used in connection with a relevant activity, or any person having charge

, or otherwise concerned with the operation

, such data equipment or any associated apparatus or material, to afford the authorised

ficer all reasonable assistance in respect

its use, and (n) examine with regard to any matter under this Act any person whom the authorised

ficer has reasonable grounds for believing to be— (i) a holder

an authorisation, (ii) employed at the premises concerned by a holder

an authorisation, (iii) an applicant, or (iv) involved in carrying out a relevant activity, and require the person to answer such questions as the authorised

ficer may ask relative to those matters and to make a declaration

the truth

the answers to those questions.

ficer may— (a) take such photographic or video evidence at the premises as he or she reasonably considers to be necessary for the purposes

his or her functions under this Act, (b) require a person who apparently has control

, or access to, records, to provide the records, (

1. c)summon, at any reasonable time, a person— (
2. i)to give to the authorised

ficer such information as the authorised

ficer may reasonably require, (ii) to provide to the authorised

ficer any records which the person has control

, or access to, and which the authorised

ficer may reasonably require, or (iii) to provide an explanation

a decision, course

action, system or practice or the nature or content

any records provided under this section, (

1. d)inspect records provided under paragraph (
2. c)or found in the course

searching and inspecting premises, (e) take copies

or extracts from records so provided or found, (f) subject to subsection

a decision, course

action, system or practice or the nature or content

any records, (i) require a person at the premises to provide a report on any matter about which the authorised

ficer reasonably believes the person has relevant information, (j) if a person at the premises who is required to provide a particular record is unable to provide it, require the person to state, to the best

that person’s knowledge and belief, where the record is located or from whom it may be obtained, or (k) require that any information given to an authorised

ficer under this Part be certified as accurate and complete by such person or persons and in such manner as the authorised

ficer may require.

ficer, in the exercise

any

his or her powers under this Part, may— (a) operate any data equipment, including any computer, or cause any such data equipment or computer to be operated by a person accompanying the authorised

ficer, and (b) require any person who appears to the authorised

ficer to be in a position to facilitate access to the records stored in any data equipment or computer or which can be accessed by the use

that data equipment or computer to give the authorised

ficer all reasonable assistance in relation to the operation

the data equipment or computer or access to the records stored in it, including— (i) providing the records to the authorised

ficer in a form in which they can be taken and in which they are, or can be made, legible and comprehensible, (ii) giving to the authorised

ficer any password necessary to make the records concerned legible and comprehensible, or (iii) otherwise enabling the authorised

ficer to examine the records in a form in which they are legible and comprehensible.

ficer proposes to retain any records taken by the authorised

ficer pursuant to this section for a period longer than 14 days after the date on which the records are taken, the authorised

ficer shall, before the end

that period

14 days, or such longer period as the person concerned may agree, furnish, on request, a copy

the records to the person who it appears to the authorised

ficer, but for the exercise

the powers under this section, is entitled to possession

it.

ficer such assistance as the authorised

ficer may reasonably require and make available to the authorised

ficer such reasonable facilities as are necessary for the authorised

ficer to exercise his or her powers under this Part including such facilities for inspecting and taking copies

any records as the authorised

ficer reasonably requires.

ficer may, subject to any warrant under section 59 , be accompanied by such number

other authorised

ficers,

ficers

customs (within the meaning

the Customs Act 2015 ), members

the Garda Síochána as he or she considers appropriate.

ficer shall not enter a dwelling, otherwise than— (a) with the consent

the occupier, or (b) pursuant to a warrant under section 59 .

ficer believes, upon reasonable grounds, that a person has committed an

fence 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 and documentary confirmation thereof.

subsection

subsection

fence (other than an

fence under section 69 or 70 ).

the premises or any person employed at the premises; “person in charge” in relation to a premises means— (

1. a)the person under whose direction and control any activities at that premises are being conducted, or (
2. b)the person whom the authorised

ficer reasonably believes to be directing and controlling any activities taking place at that premises. Warrant required to enter dwelling 59. Upon the sworn information

an authorised

ficer, a judge

the District Court may, if satisfied that there are reasonable grounds for believing that records relating to the carrying out

a relevant activity are held at a dwelling, issue a warrant authorising a named authorised

ficer, accompanied by such other authorised

ficers,

ficers

customs, or members

the Garda Síochána the judge considers necessary to— (a) enter the dwelling, (if necessary by the use

reasonable force), (

1. b)inspect the dwelling, and (
2. c)exercise all or any

the powers conferred on an authorised

ficer under this section, section 57 or subsection

section 58 . Report

authorised

ficer 60. Where an authorised

ficer performs functions under section 57 or 58 he or she shall prepare and provide a report in writing to the Minister in relation to it. Compliance notice 61.

ficer that it is necessary to do so in order to prevent or limit failure to comply with this Act, the authorised

ficer may give a notice (in this Part referred to as a “compliance notice”) to a person who the authorised

ficer suspects has contravened or is contravening a provision

this Act.

ficer’s being satisfied that there has been or is a contravention referred to in subsection

his or her right, under section 62 , to appeal against or apply to suspend the operation

the compliance notice.

fence under this Act in relation to the relevant activity concerned, and (b) shall not prejudice the initiation

a prosecution for an

fence under this Act in relation to the matter the subject

the compliance notice.

ficer may give a compliance notice amending a compliance notice (including a compliance notice amended under this subsection).

ficer revokes it, or (c) until the authorised

ficer gives notice to the recipient stating that the compliance notice has been complied with.

an

fence.

an

fence.

ficer may take any measures he or she considers necessary to mitigate or remedy any risks to security or public order arising from the matter the subject

the compliance notice and the authorised

ficer may recover the cost

such measures from the person to whom the compliance notice is given as a simple contract debt in a court

competent jurisdiction.

ficer believes that providing grounds under subsection

the State, he or she— (a) may decide not to provide those grounds to the recipient

the compliance notice, and (b) shall include in the compliance notice a statement to the effect that he or she is declining to give grounds under this subsection.

the State, the authorised

ficer shall— (a) for a dual-use item, take account

all relevant considerations, including the matters set out in paragraphs (a) to (d)

Article 15

, and (b) for a military item, take account

the criteria set out in Article 2

Council Common Position 2008/944/CFSP. Appeal against or application to suspend compliance notice 62.

justice and having regard to the need to mitigate or remedy any risks to security or public order arising from the matter the subject

the compliance notice— (

1. a)confirm the compliance notice, with or without modification, or (
2. b)discharge the compliance notice.

the appellant, suspend the operation

the compliance notice for such period as, in the circumstances

the case, the judge considers appropriate.

the compliance notice suspended, shall at the same time as bringing the appeal or making the application, give notice to the authorised

ficer

the appeal or application and the authorised

ficer shall be entitled to appear, be heard and adduce evidence on the hearing

the appeal or the application. Application to Circuit Court 63.

ficer may apply to the Circuit Court for an order requiring the person to whom a compliance notice has been given to comply with the notice where the authorised

ficer is

the opinion that the person has failed to comply with the notice.

an application under subsection

which an

fence has been committed under this Act or any items which are packed with or used in concealing such relevant items, are liable to forfeiture and, where any such relevant items or items are found in, on, or in any manner attached to, any vehicle, such vehicle is deemed to have been made use

in the transport

such relevant items or items and shall also be liable to forfeiture.

in the transport

such relevant items, items or vehicles, is liable to forfeiture.

ficer shall give notice

the seizure

anything as liable to forfeiture and

the grounds for seizure to any person who to the

ficer’s knowledge was at the time

the seizure the owner or one

the owners

the thing seized.

the person whose

fence or suspected

fence occasioned the seizure or, in the case

anything seized in any vessel or aircraft, in the presence

the master or pilot-in-command

such vessel or aircraft.

notice

the seizure concerned in Iris Oifigiúil.

the notice

seizure under this section, or (b) where no such notice has been given, not later than 30 days from the date

the seizure, give notice to the Minister

a claim (in this section referred to as a “notice

claim”) that the goods seized are not so liable.

claim shall specify the full name and address

the claimant and the basis on which the claim is grounded and, where that address is outside the State, any documents relating to condemnation proceedings may be served at that address by post.

a period referred to in subsection

claim has been given, the thing seized shall be deemed to have been duly condemned as forfeited, and the forfeiture shall apply from the date when the liability to forfeiture arose.

claim has been given, the Minister shall, subject to subsections

section 66 , bring condemnation proceedings for the condemnation

the thing concerned. Proceedings for condemnation by court 65.

the Minister.

seizure, liable to forfeiture, the court shall condemn it as forfeited, and in any other case the court shall order its release.

the Minister the value

the thing seized (that is to be the subject

such proceedings) does not exceed— (

1. a)€75,000, the Circuit Court, or (
2. b)€15,000, the District Court.

such claimant, shall state on oath that the thing seized was, or was to the best

his or her knowledge and belief, the property

the claimant at the time

the seizure.

condemnation proceedings.

ficer or other person who made or assisted in making the seizure is liable to any civil or criminal proceedings on account

the seizure or detention

the thing seized, and (b) anything is condemned as forfeited, the forfeiture shall apply from the date when the liability to forfeiture arose. Power to deal with seizures, before and after condemnation 66.

claim in relation to such thing has been duly given under section 64 , deliver it up to the claimant on payment to the Minister

such sum as the Minister deems proper, being a sum not exceeding that which represents the value

the thing, including any tax or duty on it that has not been paid, or (b) if the thing seized is, in the opinion

the Minister,

a perishable or hazardous nature, sell or destroy it.

its seizure, the Minister shall, subject to any deduction allowed under subsection

sale, or (c) if the thing has been destroyed under subsection

the thing at the time

its seizure.

any duty or tax chargeable on the thing which has not been paid before its seizure, the Minister may deduct from the amount so much

it as represents the duty or tax.

the seizure, detention, sale or destruction

the thing concerned.

ficer as liable to forfeiture shall after condemnation

such things be either sold or destroyed or otherwise disposed

in such manner as the Minister may direct. Legal privilege 67.

privileged legal material or authorise the taking

privileged legal material.

information may be compelled, or possession

it taken, pursuant to this Act, notwithstanding that it is apprehended that the information is privileged legal material provided that the compelling

its disclosure or the taking

its possession is done by means whereby the confidentiality

the information can be maintained (as against the person compelling such disclosure or taking such possession) pending the determination by the High Court

the issue as to whether the information is privileged legal material.

information has been compelled or possession taken

it pursuant to this Act, the person— (

1. a)to whom such information has been so disclosed, or (
2. b)who has taken possession

it, shall (unless the person has, within the period subsequently mentioned in this subsection, been served with notice

an application under subsection

the disclosure or the taking

possession.

a final determination

an application under subsection

the foregoing, directions as to— (a) the preservation

the information, in whole or in part, in a safe and secure place in any manner specified by the court, (b) the appointment

a person with suitable legal qualifications possessing the level

experience, and the independence from any interest falling to be determined between the parties concerned, that the court considers to be appropriate for the purpose

— (

1. i)examining the information, and (
2. ii)preparing a report for the court with a view to assisting or facilitating the court in the making by the court

its determination as to whether the information is privileged legal material.

information storage or retrieval; “information” means information contained in a book, document or record, a computer or otherwise; “privileged legal material” means information which, in the opinion

the High Court, a person is entitled to refuse to produce on the grounds

legal professional privilege. Application

provisions relating to security and hearings otherwise than in public 68. Each

sections 52 and 53 shall apply to an appeal under section 62 , an application under section 63 or condemnation proceedings, subject to the following and any other necessary modifications: (a) the reference in each

sections 52 and 53 to High Court shall be construed— (i) in the case

section 62 , as a reference to the District Court, (ii) in the case

section 63 , as a reference to the Circuit Court, and (iii) in the case

condemnation proceedings, as a reference to the High Court, Circuit Court or District Court where the proceedings are instituted in accordance with section 62 ; (b) the reference in section 52 to relevant material shall be construed as including a reference to any decision, evidence, document, material or other matter that is relevant to an appeal under section 62 , an application under section 63 or condemnation proceedings. PART 7

fences and Penalti