S.I. No. 305/2009 - Control of Exports (Goods and Technology) Order 2009

1. ‘Technology’ ‘required’ for the design of, the assembly of components into, and the operation, maintenance and repair of, complete production installations for items specified in the Common Military List of The European Union, even if the components of such production installations are not specified;

2. ‘Technology’ ‘required’ for the ‘development’ and ‘production’ of small arms even if used to produce reproductions of antique small arms;

3. ‘Technology’ ‘required’ for the ‘development’, ‘production’ or ‘use’ of toxicological agents, related equipment or components specified by Paragraph 7.a. to Paragraph 7.g.;

4. ‘Technology’ ‘required’ for the ‘development’, ‘production’ or ‘use’ of ‘biopolymers’ or cultures of specific cells, specified by Paragraph 7.h.;

5. ‘Technology’ ‘required’ exclusively for the incorporation of ‘biocatalysts’, specified by Paragraph 7.i.1., into military carrier substances or military material.

Note 1

‘Technology’ ‘required’ for the ‘development’, ‘production’ or ‘use’ of items specified by the EU Common Military List remains under control even when applicable to any item not specified by the EU Common Military List.

Note 2

Paragraph 22 does not apply to

a.

‘Technology’ that is the minimum necessary for the installation, operation, maintenance (checking) and repair, of those items which are not controlled or whose export has been authorised;

b.

‘Technology’ that is ‘in the public domain’, ‘basic scientific research’ or the minimum necessary information for patent applications;

c.

‘Technology’ for magnetic induction for continuous propulsion of civil transport devices.

DEFINITIONS OF TERMS USED IN THIS SCHEDULE

Note 1: The references are purely advisory and have no effect on the universal application of defined terms throughout the Schedule.

Note 2: Words and terms contained in this Schedule only take the defined meaning where this is indicated by their being enclosed in ‘double quotations marks’. Definitions of terms between ‘single quotation marks’ are given in a Technical note to the relevant item. Elsewhere, words and terms take their commonly accepted (dictionary) meanings.

Paragraph 7

‘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.

Paragraph 8

‘Additives’

Substances used in explosive formulations to improve their properties.

Paragraphs 8, 9 and 10

‘Aircraft’

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

Paragraph 11

‘Automated Command and Control Systems’

Electronic systems, through which information essential to the effective operation of the grouping, major formation, tactical formation, unit, ship, subunit or weapons under command is entered, processed and transmitted. This is achieved by the use of computer and other specialised hardware designed to support the functions of a military command and control organisation. The main functions of an automated command and control system are: the efficient automated collection, accumulation, storage and processing of information; the display of the situation and the circumstances affecting the preparation and conduct of combat operations; operational and tactical calculations for the allocation of resources among force groupings or elements of the operational order of battle or battle deployment according to the mission or stage of the operation; the preparation of data for appreciation of the situation and decision-making at any point during operation or battle; computer simulation of operations.

Paragraph 22

‘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.

Paragraphs 7 and 22

‘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.

Paragraphs 7 and 22

‘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 Notes

1.

‘Anti-idiotypicantibodies’ means antibodies which bind to the specific antigen binding sites of other antibodies;

2.

‘Monoclonal antibodies’ means proteins which bind to one antigenic site and are produced by a single clone of cells;

3.

‘Polyclonal antibodies’ means a mixture of proteins which bind to the specific antigen and are produced by more than one clone of cells;

4.

‘Receptors’ means biological macromolecular structures capable of binding ligands, the binding of which affects physiological functions.

Paragraph 10

‘Civil aircraft’

Those ‘aircraft’ listed by designation in published airworthiness certification lists by the civil aviation authorities to fly commercial civil internal and external routes or for legitimate civil, private or business use.

Paragraph 21 and 22

‘Development’

Is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts.

Paragraph 17

‘End-effectors’

Grippers, active tooling units and any other tooling that is attached to the baseplate on the end of a ‘robot’ manipulator arm.

Technical Note

‘Active tooling units’ are devices for applying motive power, process energy or sensing to a work piece.

Paragraph 4 and 8

‘Energetic materials’

Substances or mixtures that react chemically to release energy required for their intended application. ‘Explosives’, ‘pyrotechnics’ and ‘propellants’ are subclasses of energetic materials.

Paragraph 8 and 18

‘Explosives’

Solid, liquid or gaseous substances or mixtures of substances which, in their application as primary, booster, or main charges in warheads, demolition and other applications, are required to detonate.

Paragraph 7

‘Expression Vectors’

Carriers (e.g. plasmid or virus) used to introduce genetic material into host cells.

Paragraph 13

‘Fibrous or filamentary materials’

Include

a. Continuous monofilaments;

b. Continuous yarns and rovings;

c. Tapes, fabrics, random mats and braids;

d. Chopped fibres, staple fibres and coherent fibre blankets;

e. Whiskers, either monocrystalline or polycrystalline, of any length;

f. Aromatic polyamide pulp.

Paragraph 15

‘First generation image intensifier tubes’

Electrostatically focused tubes, employing input and output fibre optic or glass face plates, multi-alkali photocathodes (S-20 or S-25), but not microchannel plate amplifiers.

Paragraph 22

‘In the public domain’

This means ‘technology’ or ‘software’ which has been made available without restrictions upon its further dissemination.

Note: Copyright restrictions do not remove ‘technology’ or ‘software’ from being ‘in the public domain’.

Paragraph 5 and 19

‘Laser’

An assembly of components which produce both spatially and temporally coherent light that is amplified by stimulated emission of radiation.

Paragraph 10

‘Lighter-than-air vehicles’

Balloons and airships that rely on hot air or on lighter-than-air gases such as helium or hydrogen for their lift.

Paragraph 17

‘Nuclear reactor’

Includes the items within or attached directly to the reactor vessel, the equipment which controls the level of power in the core, and the components which normally contain or come into direct contact with or control the primary coolant of the reactor core.

Paragraph 8

‘Precursors’

Speciality chemicals used in the manufacture of explosives.

Paragraph 21 and 22

‘Production’

Means all production stages, such as: product engineering, manufacture, integration, assembly (mounting), inspection, testing, quality assurance.

Paragraph 8

‘Propellants’

Substances or mixtures that react chemically to produce large volumes of hot gases at controlled rates to perform mechanical work.

Paragraph 4 and 8

‘Pyrotechnic(

s

)’

Mixtures of solid or liquid fuels and oxidizers which, when ignited, undergo an energetic chemical reaction at a controlled rate intended to produce specific time delays, or quantities of heat, noise, smoke, visible light or infrared radiation.

Pyrophorics are a subclass of pyrotechnics, which contain no oxidizers but ignite spontaneously on contact with air.

Paragraph 22

‘Required’

As applied to ‘technology’, refers to only that portion of ‘technology’ which is peculiarly responsible for achieving or exceeding the controlled performance levels, characteristics or functions. Such ‘required’‘technology’ may be shared by different products.

Paragraph 7

‘Riot control agents’

Substances which, under the expected conditions of use for riot control purposes, produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure. (Tear gases are a subset of ‘riot control agents’.)

Paragraph 17

‘Robot’

A manipulation mechanism, which may be of the continuous path or of the point-to-point variety, may use sensors, and has all the following characteristics

a. Is multifunctional;

b. Is capable of positioning or orienting material, parts, tools or special devices through variable movements in three-dimensional space;

c. Incorporates three or more closed or open loop servo-devices which may include stepping motors; and

d. Has ‘user-accessible programmability’ by means of the teach/playback method or by means of an electronic computer which may be a programmable logic controller, i.e. without mechanical intervention.

Note: The above definition does not include the following devices

1.

Manipulation mechanisms which are only manually/teleoperator controllable;

2.

Fixed sequence manipulation mechanisms which are automated moving devices, operating according to mechanically fixed programmed motions. The programme is mechanically limited by fixed stops, such as pins or cams. The sequence of motions and the selection of paths or angles are not variable or changeable by mechanical, electronic or electrical means;

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.

Paragraph 19

‘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.

Paragraph 18 and 20

‘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.

Paragraph 21 and 22

‘Use’

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

GIVEN under my Official Seal,

6 August 2009

MARY COUGHLAN,

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.

The Order repeals

S.I. No. 884 of 2005

.

6. Approach parachutes and landing deceleration parachutes;

7. Other military parachutes;

8. Equipment specially designed for high altitude parachutists (e.g. suits, special helmets, breathing systems, navigation equipment);

i. Automatic piloting systems for parachuted loads; equipment specially designed or modified for military use for controlled opening jumps at any height, including oxygen equipment.

Note 1: Paragraph 10.b. does not apply to ‘aircraft’ or variants of those ‘aircraft’ specially designed for military use, and which are all of the following

a.

Not configured for military use and not fitted with equipment or attachments specially designed or modified for military use; and

b.

Certified for civil use by the civil aviation authority in a Member State or in a Wassenaar Arrangement Participating State.

Note 2: Paragraph 10.d. does not apply to

a.

Aero-engines designed or modified for military use which have been certified by civil aviation authorities in a Member State or in a Wassenaar Arrangement Participating State for use in ‘civil aircraft’, or specially designed components therefor;

b.

Reciprocating engines or specially designed components therefor, except those specially designed for unmanned airborne vehicles.

Note 3: Paragraph 10.b. and Paragraph 10.d. on specially designed components and related equipment for non-military ‘aircraft’ or aero-engines modified for military use applies only to those military components and to military related equipment required for the modification to military use.

11.

Electronic equipment, not specified elsewhere on the EU Common Military List, as follows, and specially designed components therefor

a. Electronic equipment specially designed for military use;

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 surveillance and monitoring of the electro-magnetic spectrum for military intelligence or security purposes or for counteracting 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, authentification and keyloader equipment and key management, manufacturing and distribution equipment;

g.Guidance and navigation equipment;

h.Digital troposcatter-radio communications transmission equipment;

i.Digital demodulators specially designed for signals intelligence;

j.‘Automated command and control systems’.

b. Global Navigation Satellite Systems (GNSS) jamming 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 applies to 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).

13.

Armoured or protective equipment, constructions and components, as follows

a. Armoured plate, having any of the following

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. Organo-metallic coupling agents as follows

a. Neopentyl[diallyl]oxy, tri[dioctyl]phosphato-titanate (CAS 103850-22-2); also known as titanium IV, 2,2[bis 2-propenolato-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;

16. Polycyanodifluoroaminoethyleneoxide;

17. 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;

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

19. Superfine iron oxide (Fe2O3) with a specific surface area more than 250 m2/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 specified ‘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. Explosives not listed elsewhere in Paragraph 8.a. having a detonation velocity exceeding 8,700 m/s, at maximum density, or a detonation pressure exceeding 34 GPa (340 kbar);

34. Organic explosives not listed elsewhere in Paragraph 8.a. yielding detonation pressures of 25 GPa (250 kbar) or more that will remain stable at temperatures of 523 K (250 C) or higher for periods of five minutes or longer;

b. ‘Propellants’ as follows

S.I. No. 305 of 2009

CONTROL OF EXPORTS (GOODS AND TECHNOLOGY) ORDER 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

11

th August

, 2009.

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

section 4

of the

Control of Exports Act 2008

(No. 1 of 2008), hereby order as follows