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Latest Developments In The Area Of Export Control

28 June 2012
Category: Legal Updates

1. Intra-Community Transfer of Defence Related Products

On 30 June 2009, Directive 2009/43/EC (the “Directive”) entered into force.  The Directive is aimed at simplifying the rules and procedures applicable to the transfer (i.e. transmission or movement) of defence related products within the EU (i.e. from one Member State to another).  Existing national systems often do not distinguish between exports to third countries and transfers between Member States.  The Directive applies to all products, components and technologies listed in the EU Common Military List.  The Directive was transposed into Irish law by the European Communities (Intra-Community Transfers of Defence-Related Products) Regulations 2011 (the “Regulations”) (http://www.irishstatutebook.ie/2011/en/si/0346.html).  The Regulations come into force on 30 June 2012.

The Regulations make it clear that a transfer of military goods or technology from Ireland to another Member State still requires prior authorisation and the Department of Jobs, Enterprise and Innovation (DJEI) may still use individual licences (in exceptional circumstances) where, for example, it is necessary for the protection of the essential security interests of the State or on grounds of public policy.  However, the Regulations, in giving effect to the Directive, provide for two new types of licences for military goods for the first time i.e. general and global transfer licences.  The use of such licences could significantly facilitate and speed up a company’s daily business administration, as not every single shipment will require prior approval from DJEI.  These new licences are considered below.

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