Control of Exports Act 2023

• Permanent Page URL

Decision of Minister on application for authorisation

29. (1) In considering an application for an authorisation the Minister may consult with any other Minister of the Government or such other person as he or she considers appropriate.

(2) The Minister shall, in considering an application for an authorisation—

(a) for a dual-use item, take account of all relevant considerations including the matters set out in paragraphs (a) to (d) of Article 15, and

(b) for a military item, take account of the criteria set out in Article 2 of Council Common Position 2008/944/CFSP.

(3) For the purpose of making a decision on an application for an authorisation, the Minister, in addition to complying with subsection (2) shall consider—

(a) the information provided in the application,

(b) any further information furnished by the applicant pursuant to a request under section 28 (3), and

(c) any other matter that the Minister considers appropriate.

(4) The Minister, having considered an application for an authorisation, shall decide—

(a) to grant an authorisation,

(b) to grant an authorisation subject to conditions, or

(c) to refuse to grant an authorisation.

(5) The Minister shall give notice to an applicant informing him or her of the decision under subsection (4) as soon as practicable after it is made and shall, subject to subsection (8), provide reasons for the decision.

(6) The Minister shall refuse to grant an authorisation if—

(a) the granting of the authorisation would contravene the Dual-use Regulation, Part 2 or Part 3 ,

(b) the applicant has, in purported compliance with this Act, provided information to the Minister which the applicant knows to be false or misleading in a material particular, or in respect of which the applicant is reckless as to whether or not it is false or misleading in a material particular,

(c) the applicant has committed an offence under this Act or any other enactment relating to the control of exports such that in the opinion of the Minister, the applicant is not a fit and proper person to hold an authorisation,

(d) in the opinion of the Minister, the granting of the authorisation would affect, or be likely to affect, the security or public order of the State, or

(e) in the opinion of the Minister, the granting of the authorisation would be inconsistent with European Union and international export control obligations, national security policy or human rights considerations.

(7) The Minister shall make a decision on an application for an authorisation as soon as may be after receipt of the application.

(8) Where the Minister believes that providing reasons for a decision on an application would create a risk to the security or public order of the State, he or she—

(a) may decide not to provide the applicant with such reasons to the extent necessary in order to avoid or minimise such risk, and

(b) shall include in the notice under subsection (5) a statement to the effect that he or she is declining to give reasons for the decision under this subsection.

(9) The Minister shall grant an authorisation in such form, including electronic form, as he or she may determine.