Control of Exports Act 2023

Control on provision of brokering services in respect of military item

25. (1) Subject to subsections (2) and (3), a broker shall not provide brokering services in respect of a military item, where that item is being exported—

(a) from one third country to another third country,

(b) from the State to a third country, or

(c) from a Member State other than the State to a third country,

unless he or she has been granted an authorisation for the provision of the brokering services.

(2) Subsection (1) shall apply to a broker—

(a) in the State, who provides part only of the brokering services required in respect of a military item, or

(b) who provides brokering services in respect of a military item outside the State and is—

(i) an Irish citizen, or

(ii) a company or another body corporate or unincorporated body of persons constituted and otherwise subject to the laws of the State.

(3) Subsection (1) shall not apply to a broker who provides brokering services in respect of a military item outside the State, pursuant to an authorisation or other licence or consent for the provision of the brokering services with like effect to an authorisation, granted to the person according to the laws of a Member State other than the State.

(4) A broker who contravenes subsection (1) shall be guilty of an offence.