S.I. No. 884/2005 - Control of Exports Order, 2005

1. Manipulation mechanisms which are only manually/teleoperator controllable;

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 the Official Seal of the Minister for Enterprise, Trade and Employment this 22

nd

day of December 2005

L.S.

Micheál Martin

_______________________

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.

“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

.

“Technology”

Specific information necessary for the “development”, “production” or “use” of a product. The information takes the form of technical data or technical assistance. Controlled “technology” is specified in Paragraph 23.

Technical Notes

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

.

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 equipmentfor 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 production equipment for non-antique small arms, even if used to produce reproductions of antique small arms

.

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 controlled 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 specified in 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°C);

Note

Paragraph 20.a. includes mobile systems incorporating or employing accessories or components manufactured from non-metallic or nonelectrical 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, airborne 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 therefor;

b. Anti-riot shields and components therefor;

c. Leg-irons, shackles and gangchains and electric-shock belts, specially designed for restraining human beings;

d. Portable devices designed or modified for the purpose of administering an electric shock (including electric animal prods, electric-shock batons, electric shock shields, stun guns and electric shock dart guns (tasers)) and components therefor specially designed or modified for that purpose;

e. Portable devices designed or modified for the purpose of riot control or self-protection by the administration of an incapacitating substance (such as tear gas or pepper sprays), 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 therefore 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 therefore, for the items specified in Paragraph 21.i.

Note 1

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

Note 2

Paragraph 21.h. 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

9. Lead salicylate (CAS 15748-73-9);

10. Lead stannate (CAS 12036-31-6);

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

12. Methyl BAPO (bis(2-methyl aziridinyl) methylamino phosphine oxide) (CAS 85068-72-0);

13. N-methyl-p-nitroaniline (CAS 100-15-2);

14. 3-Nitraza-1,5-pentane diisocyanate (CAS 7406-61-9);

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 intensifer tubes” see Paragraphs 1., 2. and 5.a

.

N.B.

See also entries 6A002a and 6A002b in Annex I to Council Regulation (EC) No 1334/2000, 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

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

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

19. Superfine iron oxide (Fe

2

O

3

) with a specific surface area more than 250 m

2

/g and an average particle size of 3.0 nm or less;

20. TEPAN (tetraethylenepentaamineacrylonitrile) (CAS 68412-45-3); cyanoethylated polyamines and their salts;

21. TEPANOL (tetraethylenepentaamineacrylonitrileglycidol) (CAS 68412-46-4); cyanoethylated polyamines adducted with glycidol and their salts;

22. TPB (triphenyl bismuth) (CAS 603-33-8).

g. “Precursors”, as follows

N.B. In Paragraph 8.g. the references are to controlled “Energetic Materials” manufactured from these substances

.

23. TATB (triaminotrinitrobenzene) (CAS 3058-38-6) (see also Paragraph 8.g.7 for its “precursors”);

24. TEDDZ (3,3,7,7-tetrabis(difluoroamine) octahydro-1,5-dinitro-1,5-diazocine);

25. Tetrazoles, as follows

a. NTAT (nitrotriazol aminotetrazole);

b. NTNT (1-N-(2-nitrotriazolo)-4-nitrotetrazole);

26. Tetryl (trinitrophenylmethylnitramine) (CAS 479-45-8);

27. TNAD (1,4,5,8-tetranitro-1,4,5,8-tetraazadecalin) (CAS 135877-16-6 (see also Paragraph 8.g.6. for its “precursors”);

28. TNAZ (1,3,3-trinitroazetidine) (CAS 97645-24-4) (see also Paragraph 8.g.2. for its “precursors”);

29. TNGU (SORGUYL or tetranitroglycoluril) (CAS 55510-03-7);

30. TNP (1,4,5,8-tetranitro-pyridazino[4,5-d]pyridazine) (CAS 229176-04-9);

31. Triazines, as follows

a. DNAM (2-oxy-4,6-dinitroamino-s-triazine) (CAS 19899-80-0);

b. NNHT (2-nitroimino-5-nitro-hexahydro-1,3,5-triazine) (CAS 130400-13-4);

32. Triazoles, as follows

a. 5-azido-2-nitrotriazole;

b. ADHTDN (4-amino-3,5-dihydrazino-1,2,4-triazole dinitramide) (CAS 1614-08-0);

c. ADNT (1-amino-3,5-dinitro-1,2,4-triazole);

d. BDNTA ([bis-dinitrotriazole]amine);

e. DBT (3,3'-dinitro-5,5-bi-1,2,4-triazole) (CAS 30003-46-4);

f. DNBT (dinitrobistriazole) (CAS 70890-46-9);

g. NTDNA (2-nitrotriazole 5-dinitramide) (CAS 75393-84-9);

h. NTDNT (1-N-(2-nitrotriazolo) 3,5-dinitrotriazole);

i. PDNT (1-picryl-3,5-dinitrotriazole);

j. TACOT (tetranitrobenzotriazolobenzotriazole) (CAS 25243-36-1);

33. Any explosive not listed elsewhere in Paragraph 8.a. with a detonation velocity exceeding 8 700 m/s at maximum density or a detonation pressure exceeding 34 GPa (340 kbar);

34. Other organic explosives not listed elsewhere in Paragraph8.a. yielding detonation pressures of 25 GPa (250 kbar) or more that will remain stable at temperatures of 523K (250°C) or higher for periods of 5 minutes or longer.

b. “Propellants”, as follows

Control of Exports Order, 2005

S.I. No. 884 of 2005

I, Micheál Martin, 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