Thomas Pringle (Donegal South West, Independent)
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Question 281: To ask the Minister for Jobs, Enterprise and Innovation the checks carried out by Enterprise Ireland and IDA Ireland to ensure that exporters are compliant with the EU Dual Use Regulations 428/2009; the reporting procedures are in place between his department and the Revenue authorities in relation to Dual Use exports; if a company has ever been prosecuted for a breech of the regulation; if so, the penalty; and if he will make a statement on the matter. [16707/12]

Richard Bruton (Dublin North Central, Fine Gael)
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The Licensing Unit of my Department is responsible for the administration in Ireland of the EU Dual Use Regulation 428/2009. The Unit has regular contacts with Enterprise Ireland and IDA regarding export control matters, including dual use licensing, with a view to ensuring that EI and IDA client companies are aware of the provisions of the Dual Use Regulation and their legal responsibilities in this regard. However, primary responsibility for ensuring compliance with the Regulation rests with my Department.

My Department liaises regularly with representatives of Revenue's Customs Services regarding implementation of various pieces of export control legislation, including the EU Dual Use Regulation 428/2009. Revenue's Customs Service applies the provisions of Council Regulation No 2913/92 (Community Customs Code), Commission Regulation 2454/93 (implementing provisions of the Community Customs Code) and also Council Regulation 648/2005 as implemented by Commission Regulation 1875/2006 in respect of the import of goods from outside the Community and export of goods from the Community to third countries. The co-operation of Revenue's Customs Service is therefore key to the effective implementation of the export control regime and the vigilance of Customs officers is vital. Revenue's Automated Entry Processing System (AEP) is responsible for receiving, validating, processing and clearance of all Customs declarations in real time environment. All declarations at import and export are subject to risk assessment which allows Customs staff increased scope to target movement of high risk and suspicious transactions.

Penalties for breaches of the Dual Use Regulation 428/2009 are provided for in Section 8 of the Control of Exports Act 2008 Act. That section provides for penalties on summary conviction of a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months, or both. It provides for penalties on conviction on indictment of a fine not exceeding €10 million or three times the value of the goods or technology concerned, or imprisonment for a term not exceeding 5 years, or both. To date there have been no prosecutions for a breach of the Dual Use Regulation 428/2009.