Catherine Connolly (Galway West, Independent)
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62. To ask the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 16 of 20 February 2025, to detail the way in which, as outlined in the reply, officials carry out an 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 will not be used for illicit purposes; and if he will make a statement on the matter. [32971/25]

Peter Burke (Longford-Westmeath, Fine Gael)
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My Department is the National Competent Authority with responsibility for Export Controls, including Controls on defence-related exports and exports of dual-Use goods. Controls on the export of dual-use items are administered by my Department, in accordance with Regulation (EU) 2021/821 of the European Parliament and of the Council setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items.

All export licence applications are 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. 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. This means ascertaining if the item(s) in question being used for the intended end use would present any risk to the national security of the Irish State, or the regional stability or human rights in the end destination, amongst other criteria. The risk of diversion to another end use or end user is also considered. Depending on the individual application, this assessment may involve consultation with the exporter and/or other Member States and input from national intelligence or technical experts.

An EU database of denials issued by Member States is searched to ascertain if any other Member State has denied a licence for the same product to the same end-user. My Department also consults with the Department of Foreign Affairs and Trade on each application.

Where an authorisation is issued, it applies only to the specific goods, destinations, and end-users listed in the approved application, and any applicable conditions are attached to the authorisation itself. Exporters must ensure that exports take place within the specified validity period (typically 12 months). Authorisations are non-transferable, and any changes to the export circumstances (such as product specifications, end-user details, or company status) must be reported to the Department and may require a new authorisation.

Exporters are also required to maintain detailed records of each transaction, including contracts, invoices, shipping documents, and end-use declarations. 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 interventions where information is received that requires closer scrutiny.

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.