S.I. No. 300/2000 - Control of Exports Order, 2000.

1. ‘Technical data’ may take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, read-only memories.

2. ‘Technical assistance’ may take forms such as instruction, skills, training, working knowledge, consulting services. ‘Technical assistance’ may involve transfer of ‘technical data’.

“Use”

Operation, installation (including on-site installation), maintenance (checking), repair, overhaul and refurbishing.

GIVEN under my Official Seal, this 21st day of September, 2000.

MARY HARNEY,

Minister for Enterprise, Trade and Employment

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of this Order is to enable the Minister for Enterprise, Trade and Employment to control the export of the goods indicated in the Schedule to this Order.

3. Mechanically controlled variable sequence manipulation mechanisms which are automated moving devices, operating according to mechanically fixed programmed motions. The programme is mechanically limited by fixed, but adjustable, stops such as pins or cams. The sequence of motions and the selection of paths or angles are variable within the fixed programme pattern. Variations or modifications of the programme pattern (e.g., changes of pins or exchanges of cams) in one or more motion axes are accomplished only through mechanical operations;

4. Non-servo-controlled variable sequence manipulation mechanisms which are automated moving devices, operating according to mechanically fixed programmed motions. The programme is variable but the sequence proceeds only by the binary signal from mechanically fixed electrical binary devices or adjustable stops;

5. Stacker cranes defined as Cartesian coordinate manipulator systems manufactured as an integral part of a vertical array of storage bins and designed to access the contents of those bins for storage or retrieval.

“Software”

A collection of one or more “programmes” or “microprogrammes” fixed in any tangible medium of expression.

“Solidify rapidly”

A process involving the solidification of molten material at cooling rates exceeding 1,000 K/sec.

“Space qualified”

Products designed, manufactured and tested to meet the special electrical, mechanical or environmental requirements for use in the launch and deployment of satellites or high altitude flight systems operating at altitudes of 100 km or higher.

“Superconductive”

Refers to materials, (i.e., metals, alloys or compounds) which can lose all electrical resistance (i.e., which can attain infinite electrical conductivity and carry very large electrical currents without Joule heating).

Technical Note

The “superconductive” state of a material is individually characterised by a “critical temperature”, a critical magnetic field, which is a function of temperature, and a critical current density which is, however, a function of both magnetic field and temperature.

“Tear gases”

Gases which produce temporary irritating or disabling effects which disappear within minutes of removal from exposure.

“Technology”

Specific information necessary for the “development”, “production” or “use” or a product. The information takes the form of technical data or technical assistance. Controlled “technology” is defined in the General Technology Note.

Technical Notes

6. Conventional steel helmets not equipped with, or modified or designed to accept, any type of accessory device (see Note 2 to Paragraph 13);

7. Equipment fitted with industrial machinery, which is not controlled such as coating machinery not elsewhere specified and equipment for the casting of plastics;

8. Muskets, rifles and carbines dated earlier than 1938, reproductions of muskets, rifles and carbines dated earlier than 1890, revolvers, pistols and machine guns dated earlier than 1890, and their reproductions;

Note 3

Note 2.b.8 of Paragraph 18 does not release from controls “technology” or production equipment for non-antique small arms, even if used to produce reproductions of antique small arms.

Note 4

Paragraph 18.d does not control “technology” for civil purposes, such as agricultural, pharmaceutical, medical, veterinary, environmental, waste management, or in the food industry.

N.B. See Note 4 to Paragraph 7.

9. Vessels of war, special naval equipment and accessories, as follows, and components therefor, specially designed for military use

(

a

) Combatant vessels and vessels (surface or underwater) specially designed or modified for offensive or defensive action, whether or not converted to non-military use, regardless of current state of repair or operating condition, and whether or not they contain weapon delivery systems or armour, and hulls or parts of hulls for such vessels;

(

b

) Engines, as follows

10. “Aircraft”, unmanned airborne vehicles, aero-engines and “aircraft” equipment, related equipment and components, specially designed or modified for military use, as follows

(

a

) Combat “aircraft” and specially designed components therefor;

(

b

) Other “aircraft” specially designed or modified for military use, including military reconnaissance, assault, military training, transporting and air-dropping troops or military equipment, logistics support, and specially designed components therefor;

(

c

) Aero-engines specially designed or modified for military use, and specially designed components therefor;

(

d

) Unmanned airborne vehicles and related equipment, specially designed or modified for military use, as follows, and specially designed components therefor

11. Electronic equipment, not specified elsewhere on this Schedule, specially designed for military use and specilly designed components therefor.

Note

Paragraph 11 includes

(a) Electronic countermeasure and electronic counter-countermeasure equipment (i.e., equipment designed to introduce extraneous or erroneous signals into radar or radio communication receivers or otherwise hinder the reception, operation or effectiveness of adversary electronic receivers including their countermeasure equipment), including jamming and counter-jamming equipment;

(b) Frequency agile tubes;

(c) Electronic systems or equipment designed either for surveilance and monitoring of the electro-magnetic spectrum for military interligence or security purposes or for counter-acting such surveillance and monitoring;

(d) Underwater countermeasures, including acoustic and magnetic jamming and decoy equipment designed to introduce extraneous or erroneous signals into sonar receivers;

(e) Data processing security equipment, data security equipment and transmission and signalling line security equipment, using ciphering processes;

(f) Identification, authentication and keyloader equipment and key management, manufacturing and distribution equipment.

12. High velocity, kinetic energy weapon systems and related equipment, as follows, and specially designed components therefor

(a) Kinetic energy weapon systems specially designed for destruction or effecting mission-abort of a target;

(b) Specially designed test and evaluation facilities and test models, including diagnostic instrumentation and targets, for dynamic testing of kinetic energy projectiles and systems

.

N.B.

For weapon systems using sub-calibre ammunition or employing solely chemical propulsion, and ammunition therefor, see Paragraph 1 to Paragraph 4.

Note 1

Paragraph 12 includes the following when specially designed for kinetic energy weapon systems

(a) Launch propulsion systems capable of accelerating masses larger than 0.1 g to velocities in excess of 1.6 km/s, in single or rapid fire modes;

(b) Prime power generation, electric armour, energy storage, thermal management, conditioning, switching or fuel-handling equipment; and electrical interfaces between power supply, gun and other turret electric drive functions;

(c) Target acquisition, tracking, fire control or damage assessment systems

(d) Homing seeker, guidance or divert propulsion (lateral acceleration) systems for projectiles.

Note 2

Paragraph 12 controls weapon systems using any of the following methods of propulsion

(a) Electromagnetic;

(b) Electrothermal;

(c) Plasma;

(d) Light gas;

or

(e) Chemical (when used in combination with any of the above).

Note 3

Paragraph 12 does not control “technology” for magnetic induction for continuous propulsion of civil transport devices

.

13. Armoured or protective equipment and constructions and components, as follows

(a) Armoured plate as follows

14. Specialised equipment for military training or for simulating military scenarios and specially designed components and accessories therefor.

Technical Note

The term ‘specialised equipment for military training’ includes military types of attack trainers, operational flight trainers, radar target trainers, radar target generators, gunnery training devices, anti-submarine warfare trainers, flight simulators (including human-rated centrifuges for pilot/astronaut training), radar trainers, instrument flight trainers, navigation trainers, missile launch trainers, target equipment, drone “aircraft”, armament trainers, pilotless “aircraft” trainers and mobile training units

.

Note

Paragraph 14 includes image generating and interactive environment systems for simulators when specially designed or modified for military use

.

15. Imaging or countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor

(a) Recorders and image processing equipment;

(b) Cameras, photographic equipment and film processing equipment;

(c) Image intensifier equipment;

(d) Infrared or thermal imaging equipment;

(e) Imaging radar sensor equipment;

(f) Countermeasure or counter-countermeasure equipment for the equipment specified in sub-items Paragraphs 15.a to 15.e.

Note

Paragraph 15.f includes equipment designed to degrade the operation or effectiveness of military imaging systems or to minimize such degrading effects

.

Note 1

The term ‘specially designed components’ includes the following when specially designed for military use

(a) Infrared image converter tubes;

(b) Image intensifier tubes (other than first generation);

(c) Microchannel plates;

(d) Low-light-level television camera tubes;

(e) Detector arrays (including electronic interconnection or read out systems);

(f) Pyroelectric television camera tubes;

(g) Cooling systems for imaging systems;

(h) Electrically triggered shutters of the photochromic or electro-optical type having a shutter speed of less than 100 μs, except in the case of shutters which are an essential part of a high speed camera;

(i) Fibre optic image inverters;

(j) Compound semiconductor photocathodes

.

Note 2

Paragraph 15 does not control “first generation image intensifier tubes” or equipment specially designed to incorporate “first generation image intensifier tubes”.

N.B.

For the status of weapons sights incorporating “first generation image intensifier tubes” see Paragraphs 1,2 and 5.a.

N.B.

See also entries 6A002a and 6A002b in Annex I to Council Decision 94/942/CFSP as amended.

16. Forgings, castings and other unfinished products the use of which in a specified product is identifiable by material composition, geometry or function, and which are specially designed for any products specified in Paragraphs 1 to 4, 6, 9, 10, 12 or 19.

17. Miscellaneous equipment, materials and libraries, as follows, and specially designed components therefor

(a)

Self-contained diving and underwater swimming apparatus, as follows

18. Equipment and “technology” for the production of products referred to in this Schedule, as follows

(

a

) Specially designed or modified production equipment for the production of products specified in this Schedule, and specially designed components therefor;

(

b

) Specially designed environmental test facilities and specially designed equipment therefor, for the certification, qualification or testing of products specified in this Schedule;

(

c

) Specific production “technology”, even if the equipment with which such “technology” is to be used is not specified in this Schedule;

(

d

) “Technology” specific to the design of, the assembly of components into, and the operation, maintenance and repair of complete production installations even if the components themselves are not specified in this Schedule.

Note 1

Paragraph 18.a and Paragraph 18.b include the following equipment

(a) Continuous nitrators;

(b) Centrifugal testing apparatus or equipment having any of the following characteristics

19. Directed energy weapon systems (DEW), related or countermeasure equipment and test models, as follows, and specially designed components therefor

(

a

) “Laser” systems specially designed for destruction or effecting mission-abort of a target;

(

b

) Particle beam systems capable of destruction or effecting mission-abort of a target;

(

c

) High power radio-frequency (RF) systems capable of destruction or effecting mission-abort of a target;

(

d

) Equipment specially designed for the detection or identification of, or defence against, systems specified in paragraph 19.a to Paragraph 19.c;

(

e

) Physical test models and related test results for the systems, equipment and components specified by this Item.

(

f

) Continuous wave or pulsed “laser” systems specially designed to cause permanent blindness to unenhanced vision, i.e., to the naked eye or to the eye with corrective eyesight devices.

Note 1

Directed energy weapon systems controlled by Paragraph 19 include systems whose capability is derived from the controlled application of

(a) “Lasers” of sufficient continuous wave or pulsed power to effect destruction similar to the manner of conventional ammunition;

(b) Particle accelerators which project a charged or neutral particle beam with destructive power;

(c) High pulsed power or high average power radio frequency beam transmitters which produce fields sufficiently intense to disable electronic circuitry at a distant target.

Note 2

Paragraph 19 includes the following when specially designed for directed energy weapon systems

(a) Prime power generation, energy storage, switching, power conditioning or fuel-handling equipment;

(b) Target acquisition or tracking systems;

(c) Systems capable of assessing target damage, destruction or mission-abort;

(d) Beam-handling, propagation or pointing equipment;

(e) Equipment with rapid beam slew capability for rapid multiple target operations;

(f) Adaptive optics and phase conjugators;

(g) Current injectors for negative hydrogen ion beams;

(h) “Space qualified” accelerator components;

(i) Negative ion beam funnelling equipment;

(j) Equipment for controlling and slewing a high energy ion beam;

(k) “Space qualified” foils for neutralising negative hydrogen isotope beams.

20. Cryogenic and “superconductive” equipment, as follows, and specially designed components and accessories therefor

(

a

) Equipment specially designed, or configured, to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (-170°);

Note

Paragraph 20.a includes mobile systems incorporating or employing accessories or components manufactured from non-metallic or non-electrical conductive materials, such as plastics or epoxy-impregnated materials.

(

b

) “Superconductive” electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, aerborne or space applications, capable of operating while in motion.

Note

Paragraph 20.b does not control direct-current hybrid homopolar generators that have single-pole, normal metal armatures which rotate in a magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generator.

21. Security (including personal security) and paramilitary equipment as follows

(

a

) Accoustic devices represented by the manufacturers or suppliers thereof as suitable for riot control purposes, and specialised components thereof;

(

b

) Anti-riot shields and components therefor;

(

c

) Leg-irons, shackles and gangchains, specially designed for restraining human beings

(

d

) Portable anti-riot devices for administering an electric shock or an incapacitating substance, and specialised components therefor;

(

e

) Portable devices designed for self-protection by the administration of an incapacitating substance and specially designed components therefor;

(

f

) Water cannon and components therefor;

(

g

) Riot control vehicles which have been specially designed or modified to be electrified to repel boarders;

(

h

) Ground vehicles: all wheel-drive vehicles capable of off-road use which have been manufactured or fitted with metallic or non-metallic materials to provide ballistic protection;

(

i

) Simulators: simulators specially designed or represented by the manufacturers as suitable for training in the use of any firearm or weapon specified in this Schedule, and specially designed or modified components or accessories therefor;

(

j

) Other equipment

(i) Ferries, rafts not specified in Paragraph 9 and components therefor, specially designed or modified for military use;

(ii) Forgings, castings and semi-finished products specially designed for weapons specified in Paragraph 21.i;

(iii) Ammunition and cartridges, including projectiles, and specially designed components therefor, for the items specified in Paragraph 21.i.

Note 1

For the purposes of Paragraph 21.g, the ballistic protection includes protection specified in National Institute of Justice (NIJ) standard 0101.03 (April 1987) types IIIA-IV.

Note 2

Paragraph 21.g does not control vehicles for transportation of valuables and funds.

22. “Software”, as follows

(a) “Software” specially designed or modified for the “development”, “production” or “use” of equipment or materials specified in this Schedule;

(b) Specific “software”, as follows

23. “Technology” according to the General Technology Note of the this Schedule for the “development”, “production” or “use” of items specified in this Schedule, other than that “technology” specified in Paragraph 7 and Paragraph 18.

DEFINITIONS OF TERMS USED IN THE SCHEDULE

This document contains the definitions of the terms used in the Schedule of Goods, in alphabetical order.

Note 1

Definitions apply throughout the Schedule of Goods. The reference are purely advisory and have no effect on the universal application of defined terms throughout the Schedule of Goods.

Note 2

Words and terms contained in the List of Definitions only take the defined meaning where this is indicated by their being enclosed in quotation marks (“ ”). Elsewhere, words and terms take their commonly accepted (dictionary) meanings, unless a local definition for a particular control is given.

“Adapted for use in war”

Any modification or selection (such as altering purity, shelf life, virulence, dissemination characteristics, or resistance to UV radiation) designed to increase the effectiveness in producing casualties in humans or animals, degrading equipment or damaging crops or the environment.

“Additives”

Substances used in explosive formulations to improve their properties.

“Aircraft”

A fixed wing, swivel wing, rotary wing (helicopter), tilt rotor or tilt wing airborne vehicle.

“Basic scientific research”

Experimental or theoretical work undertaken principally to acquire new knowledge of the fundamental principles of phenomena or observable facts, not primarily directed towards a specific practical aim or objective.

“Biocatalysts”

Enzymes for specific chemical or biochemical reactions or other biological compounds which bind to and accelerate the degradation of CW agents.

Technical Note

‘Enzymes’ means “biocatalysts” for specific chemical or biochemical reactions.

“Biopolymers”

Biological macromolecules as follows

(

a

) Enzymes for specific chemical or biochemical reactions;

(

b

) Antibodies, monoclonal, polyclonal or anti-idiotypic;

(

c

) Specially designed or specially processed receptors;

Technical Note

24. 3-Nitraza-1,5-pentane diisocyanate (CAS 7406-61-9);

25. N-Methyl-p-Nitroaniline (CAS 100-15-2);

26. Organo-metallic coupling agents, specifically

(

a

) NeopentyL [diallyl] oxy, tri [dioctyl] phosphato titanate (CAS 103850-22-2); also known as titanium IV, 2,2[bis 2-pro-penolato-methyl, butanolato, tris (dioctyl) phosphato] (CAS 110438-25-0); or LICA 12 (CAS 103850-22-2);

(

b

) Titanium IV, [(2-propenolato-1) methyl, n-propanolatomethyl] butanolato-1, tris[-dioctyl] pyrophosphate; or KR3538

(

c

) Titanium IV, [(2-propenolato-1) methyl, n-propanolatomethyl] butanolato-1, tris(dioctyl) phosphate;

27. Polycyanodifluoroaminoethyleneoxide (PCDE);

28. Polyfunctional aziridine amides with isophthalic, trimesic (BITA or butylene imine trimesamide), isocyanuric or trimethyladipic backbone structures and 2-methyl or 2-ethyl substitutions on the aziridine ring;

29. Polyglycidylnitrate or poly (nitratomethyl oxirane); (Poly-GLYN) (PGN) (CAS 27814-48-8);

30. Polynitroorthocarbonates;

31. Propyleneimine, 2-methylaziridine (CAS 75-55-8);

32. Tetraacetyldibenzylhexaazaisowurtzitane (TAIW);

33. Tetraethylenepentaamineacrylonitrile (TEPAN) CAS 68412-45-3); cyanoethylated polyamines and their salts; salts;

34. Tetraethylenepentaamineacrylonitrileglycidol (TEPANOL) (CAS68412-46-4); cyanoethylated polyamines adducted with glycidol and their salts;

35. Triphenyl bismuth (TPB) (CAS 603-33-8);

36. Tris-1-(2-methyl)aziridinyl phosphine oxide (MAPO) (CAS 57-39-6); bis (2-methyl aziridinyl) 2-(2-hydroxypropanoxy) propylamino phosphine oxide (BOBBA 8); and other MAPO derivatives;

37. 1,2,3-Tris[1,2-bis(disfluoroamino)ethoxy] propane (CAS 53159-39-0); tris vinoxy propane adduct (TVOPA);

38. 1,3,5-trichlorobenzene (CAS 108-70-3);

39. 1,2,4 trihydroxybutane (1,2,4-butanetriol);

40. 1,3,5,7 tetraacetyl-1,3,5,7,-tetraaza cyclo-octane (TAT) (CAS 41378-98-7);

41. 1,4,5,8 Tetraazadecalin (CAS 5409-42-7);

42. Low (less than 10,000) molecular weight, alcohol-functionalised, poly(epichlorohydrin); poly (epichlorohydrindiol) and triol.

Note 1

The military explosives and fuels containing the metals or alloys listed in Paragraphs 8.a.1 and 8.a.2 are controlled whether or not the metals or alloys are encapsulated in aluminium, magnesium, zirconium or beryllium. See also entry 1C011 in the Annex to Council Decision 94/942/CFSP as amended

.

Note 2

Paragraph 8 does not control boron and boron carbide enriched with boron-10 (20% or more of total boron-10 content)

.

Note 3

Aircraft fuels controlled by Paragraph 8.d.1 are finished products, not their constituents

.

Note 4

Paragraph 8 does not control perforators specially designed for oil well logging

.

Note 5

Paragraph 8 does not control the following substances when not compounded or mixed with military explosives or powdered metals

(a) Ammonium picrate;

(b) Black powder;

(c) Hexanitrodiphenylamine;

(d) Difluoroamine (HNF

2

);

(e) Nitrostarch;

(f) Potassium nitrate;

(g) Tetranitronaphthalene;

(h) Trinitroanisol;

(i) Trinitronaphthalene;

(j) Trinitroxylene;

(k) Fuming nitric acid non-inhibited and not enriched;

(l) Acetylene;

(m) Propane;

(n) Liquid oxygen;

(o) Hydrogen peroxide in concentrations of less than 85%;

(p) Misch metal;

(q) N-pyrrolidinone; l-methyl-2-pyrrolidinone;

(r) Dioctylmaleate;

(s) Ethylhexylacrylate;

(t) Triethylaluminium (TEA), trimethylaluminium (TMA), and other pyrophoric metal alkyls and aryls of lithium, sodium, magnesium, zinc and boron;

(u) Nitrocellulose;

(v) Nitroglycerin (or glyceroltrinitrate, trinitroglycerine) (NG);

(w) 2,4,6-trinitrotoluene (TNT);

(x) Ethylenediaminedinitrate (EDDN)

(y) Pentaerythritoltetranitrate (PETN);

(aa) Lead azide, normal and basic lead styphnate, and primary explosives or priming compositions containing azides or azide complexes;

(bb) Triethyleneglycoldinitrate (TEGDN);

(cc) 2,4,6 trinitroresorcinol (styphnic acid);

(dd) Diethyldiphenyl urea; dimethylidiphenyl urea; methylethyldiphenyl urea [Centralites];

(ee) N, N-diphenylurea (unsymmetrical diphenylurea);

(ff) Methyl-N,N-diphenylurea (methyl unsymmetrical diphenylurea);

(gg) Ethyl-N,N-diphenylurea (ethyl unsymmetrical diphenylurea);

(hh) 2-Nitrodiphenylamine (2-NDPA);

(ii) 4-Nitrodiphenylamine (4-NDPA);

(jj) 2,2-dinitropropanol;

(kk) Chlorine trifluroide.

I, MARY HARNEY, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by

section 2

of the

Control of Exports Act, 1983

(No. 35 of 1983), and the Trade (Transfer of Departmental Administration and Ministerial Functions) Order, 1997 (

S.I. No. 303 of 1997

) (as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 (

S.I. No. 305 of 1997

)), hereby order as follows