Peter Burke (Longford-Westmeath, Fine Gael)
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My Department has a duty to protect the commercial confidentiality and security of exporters, including their staff and facilities. This is a fundamental principle of how export controls are managed responsibly and in line with international best practice. Authorised officers within my Department are responsible for monitoring and investigating potential non-compliance with export control legislation. This is carried out through regular scheduled audits, as well as targeted examinations where information is received that requires closer scrutiny.

As Minister for Enterprise, Trade and Employment, my responsibilities centre around the control of exports of dual-use and military items under EU and national legislation. The primary purpose of export controls is not to block trade or exports, but to enable the free movement of legitimate goods while ensuring that certain sensitive categories are subject to appropriate regulation. These controls are designed to manage risk, uphold international peace and security, and ensure Ireland’s compliance with its international obligations.

Export authorisations fall under two main categories:

• Dual-use items, as defined under Annex I of EU Regulation 2021/821.
• Military items, as defined by the EU Common Military List.

Each application is assessed individually, considering the nature of the items, the destination country, the identity of the end-user, and the intended end-use. A range of complex factors is considered in every application, including national security, regional stability, and human rights concerns. My Department also consults with the Department of Foreign Affairs and Trade on each application.

I want to emphasise that dual-use goods can move freely within the European Union and only require authorisation when exported to destinations outside the Union. Ireland implements these controls in full and in strict accordance with EU regulations.

While the licensing of military exports is a matter of national competence, Ireland’s decisions are closely guided by the EU Common Position and its eight criteria, which include respect for human rights, international obligations, and regional stability. The EU Common Military List defines the military goods and technologies subject to export controls. An authorisation is required for the export of any item on this list, whether within the EU or to a third country.

It is also important to clarify that the export control framework, particularly in relation to dual-use items, is sometimes misunderstood. A company exporting a non-controlled item to a military end-user does not require a licence if the item is not listed. This is not a loophole, nor is it inconsistent with Ireland’s policy of military neutrality. It reflects the fact that legally not every export to a military end-user involves a controlled product.

The Government remains committed to maintaining an effective, balanced, and internationally consistent export control regime that meets our legal obligations and reflects Ireland’s broader commitment to a rules-based international order.