Clare Daly (Dublin North, United Left)
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26. To ask the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 20 of 4 November 2015, the criteria used in the assessment of applications for licences for the export of military or dual-use goods, technology, or the components thereof, including the criteria used to assess the end-use and end-user of such goods, technology or components thereof. [41422/15]

Richard Bruton (Dublin North Central, Fine Gael)
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My Department is responsible for controls on the export of military items from Ireland. Under Irish law, military export licences must be sought in respect of the goods and technology, and any components thereof, listed in the Annex to the Control of Exports (Goods and Technology) Order, SI.216 of 2012 which reflects the EU Common Military List. My Department is also responsible for licensing those dual-use items controlled pursuant to Council Regulation (EC) No. 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items.

The key consideration in dealing with all export licences applications is to establish whether there are any concerns regarding the end-user. This process may include consultation with other export control authorities, both within and outside of the EU. Through these consultations, my Department has access to a wide range of information on proposed end-users. This consultation process is a fundamental aspect of making a determination on the granting of a licence.

My Department consults with the Department of Foreign Affairs and Trade on all military licence applications and on all sensitive dual-use export licence applications. That Department is able to draw on a wide range of resources which it can access when considering an export licence application.

In addition, end-user certificates are always required as a further control measure in sensitive cases. End-user certificates provide information on the proposed transaction, certify that the company will be the final recipient of the goods being exported and include an undertaking that the goods will not be used in connection with Weapons of Mass Destruction (WMD).

The considerations to be taken into account when deciding whether or not to grant an individual or global dual-use export licence are set out in Article 12 of Regulation 428/2009. It provides that Member States shall take into account “all relevant considerations including”:

(a) the obligations and commitments they have each accepted as members of the relevant international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties;

(b) their obligations under sanctions imposed by a common position or a joint action adopted by the Council or by a decision of the Organisation for Security and Co-operation in Europe (OSCE) or by a binding resolution of the Security Council of the United Nations;

(c) considerations of national foreign and security policy, including those covered by Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment;

(d) considerations about intended end-use and the risk of diversion.

The Common Position referred to at point (c) above sets out common criteria against which applications for exports of military goods should be assessed. These are as follows:

Criterion One:Respect for the international obligations and commitments of Member States, in particular the sanctions adopted by the UN Security Council or the European Union, agreements on non-proliferation and other subjects, as well as other international obligations.

Criterion Two:Respect for human rights in the country of final destination as well as respect by that country of international humanitarian law.

Criterion Three:Internal situation in the country of final destination, as a function of the existence of tensions or armed conflicts.

Criterion Four:Preservation of regional peace, security and stability.

Criterion Five:National security of the Member States and of territories whose external relations are the responsibility of a Member State, as well as that of friendly and allied countries.

Criterion Six:Behaviour of the buyer country with regard to the international community, as regards in particular its attitude to terrorism, the nature of its alliances and respect for international law.

Criterion Seven:Existence of a risk that the military technology or equipment will be diverted within the buyer country or re-exported under undesirable conditions.

Criterion Eight:Compatibility of the exports of the military technology or equipment with the technical and economic capacity of the recipient country, taking into account the desirability that states should meet their legitimate security and defence needs with the least diversion of human and economic resources for armaments.