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Dual Use
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CONTENTS
1. INTRODUCTION .................................................................................................... 3
2. LEGISLATION ........................................................................................................ 3
3. LICENCES ............................................................................................................... 3
4. PROCEDURE FOR TRADERS AT EXPORT ....................................................... 3
5. RECORDS TO BE KEPT BY EXPORTERS .......................................................... 4
6. FURTHER INFORMATION ................................................................................... 4
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1. INTRODUCTION
The term Dual-Use Items refers to goods, including software and technology,
that have both civil and military applications. EU law requires Member States
to put in place licensing procedures for the control of exports of Dual-Use items.
In order to export certain goods of this type the exporter must be in possession
of a Dual Use Licence
DJEI (Department of Jobs Enterprise & Innovation) is the competent authority
in Ireland with responsibility for the licensing of Dual-Use items for exportation
and is responsible for determining whether or not an item requires a licence.
Revenue’s role relates to possible intervention and control at the point of export.
2. LEGISLATION
EU level
Council Regulation (EC) No 428/2009
National level
Control Of Exports Act 2008
Control Of Exports (Goods and technology) Order 2009 S.I. No. 305 of 2009
Control Of Exports (Dual use Items) Order 2009 SI No. 443 of 2009
3. LICENCES
Applications for Dual Use Licence must be submitted by the exporter to DJEI
who then process the application and, where appropriate, issue a licence to the
exporter.
There are 3 types of Dual-Use Licence:
Individual Dual-Use licence
Global Dual-Use licence
Union General Export Authorisation (UGEA)
4. PROCEDURE FOR TRADERS AT EXPORT
Where a licence is required for the export of a consignment the declarant is
required to complete the following information in Box 44 of the SAD:
Code X002 and the Licence/Authorisation number.
The licence or authorisation must be available for inspection as required.
Exporters of dual-use goods that are classified at general dual-use CN Codes but
which do not require an export licence/authorisation should enter the following
information in Box 44 of the SAD:
Code Y901 followed by NAI (No Additional Information)
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This will indicate that those items are exempt from the licence requirement.
In all cases, the failure to include the relevant code in Box 44 of the SAD
will result in rejection of the declaration.
5. RECORDS TO BE KEPT BY EXPORTERS
Exporters are obliged to maintain records of exports and supporting documents
for audit purposes for a minimum period of three years. These records should
include:
details of exports, including copies of commercial documents, invoices,
manifests, transport and dispatch documents, a copy of the export SAD
and the export licence
CN code description and quantity of the exported goods
the name and address of the exporter and the consignee
details of the proposed end-use and end user of the goods.
6. FURTHER INFORMATION
Any queries regarding Dual-Use Licences should be directed to:
Licensing Unit,
Department of Jobs, Enterprise and Innovation,
23 Kildare Street,
Dublin 2
Telephone: 01 6312547
Fax: 01 6312562
Email: [email protected]
Website: http://www.djei.ie/trade/marketaccess/exports/index.htm
Any other queries should be directed to:
Prohibitions & Restrictions Unit
Corporate Affairs & Customs Division
Nenagh
Co. Tipperary
Telephone: 067 63341 / 63353
Fax: 067 63331
E-mail: [email protected]
