Dáil Éireann debate -
Thursday, 10 Apr 1997

Vol. 477 No. 4

Written Answers. - Export Licence Contraventions.

Kathleen Lynch

Question:

26 Kathleen Lynch asked the Minister for Tourism and Trade the number of companies which have been found to be in contravention of their export licences under the various regulations controlling the export of dual-use goods; the penalties, if any, which were levied; the plans, if any, he has to further review the relevant regulations; and if he will make a statement on the matter. [9336/97]

Minister for Tourism and Trade (Mr. E. Kenny)

Since the entry into force on 1 July 1995 of the EU system for controlling the export of dual-use goods, three Irish-based companies have been found to have contravened the EU regulation which established the system. Two of these cases involved minor infringements of the regulation in relation to issues such as record-keeping which came to light during the course of audit visits by officials of my Department. The third case resulted in the detention of a consignment of controlled dual-use goods being exported by a company who had not obtained the necessary export licence.

The European Communities (Control of Exports of Dual-Use Goods) Regulations, 1996 which I made under the European Communities Act, 1972 provide for the imposition of penalties in the event of breach of the EU legislation regarding the control of exports of dual-use goods. A fine not exceeding £1,500 or imprisonment for a term not exceeding 12 months, or both, is provided for; the maximum penalties permitted under the Act. In the case of the minor infringements discovered in the course of the two audit visits referred to above, the companies undertook to remedy the deficiencies which had been brought to their attention and therefore no further action was considered necessary. In the third case, the company was informed of the serious nature of the breach of the regulation and warned that any similar breach in future would result in penalty proceedings being taken by my Department.

As I explained in a reply to a parliamentary question on 5 March, the implementation of the EU regulation and joint action regarding the control of exports of dual-use goods is under ongoing review in the EU groups established for this purpose, which are attended by officials from my Department, and a number of changes to the list of dual-use goods has been approved by the Council of Ministers and published in the Official Journal. My Department has also arranged to bring these changes directly to the attention of known Irish exporters of dual-use goods. I am continuing to keep under review the implementation of the regulation in this country with a view to ensuring that our control system is effective without imposing an undue burden on business.