Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

Gabhaim buíochas leis an Teachta as an gceist.

Our Department is the national competent authority with responsibility for export controls, including those relating to defence-related exports and the export of dual-use goods. Controls on the export of dual-use items are administered by my Department in accordance with Regulation No. 2021/821 of the European Parliament and of the Council, which set up an EU regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items. As the Deputy said, dual-use items are products and components, including software and technology, that can be used for both civil and military applications. The bulk of dual-use exports from Ireland to Israel are mainstream business ICT products, predominantly software, that are categorised as dual-use items specifically as a consequence of the fact that they incorporate strong encryption for ICT security purposes.

Each export licence application, including those indicating an end destination in Israel, is carefully considered by my officials in accordance with criteria set out within the relevant dual-use and military EU and national regulations and with Ireland's international obligations and responsibilities as members of non-proliferation regimes and export control arrangements.

Any exporter intending to export a dual-use item outside the EU must engage with our Department, which will consider the exporter's internal compliance procedures to ensure they meet the requirements set out in the dual use regulation. On receipt of an application for an export licence, my officials carry out a considered assessment which includes a series of checks to ensure, as far as possible, that the item to be exported will be used by the stated end user for the stated end use and not for illicit purposes.

As part of the assessment, our officials seek the views of the Department of Foreign Affairs in respect of all applications for export licences, including those destined for Israeli end users. Both our Department and the Department of Foreign Affairs review all dual-use export licence applications against the eight assessment criteria set out in Council common position. Investigations are carried out into the end user and the type of business in which they are engaged. As part of the application, the exporter must provide an end user certificate, which is a declaration from the end user that the goods will be used for the intended purpose. My officials are furnished with up-to-date information that they take into account in the final risk assessment. The Department will deny a licence application if there are concerns that the goods being exported will be used for a military end use or if the exporter has not provided sufficient information on the intended end use.

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