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

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:

1. (1) This Order may be cited as the Control of Exports Order, 2005.

2. (1) In this Order-

“Firearm Certificate” means a firearm certificate granted in accordance with the Firearm Acts 1925 to 2000 that is in force;

“International United Nations Force” has the meaning assigned to it by the Defence (Amendment) (No. 2) Act, 1960 (No. 44 of 1960), or, as appropriate the Defence (Amendment) Act, 1993 (No. 18 of 1993);

“Permanent Defence Force” has the meaning assigned to it by the Defence Act, 1954 (No. 18 of 1954).

(2) A reference in the Schedule to this Order to a Chemical Abstracts Service Registry Number (or its abbreviation “CAS”), in relation to a chemical, is a reference to the numeric designation assigned to that chemical by the American Chemical Society's Chemical Abstracts Service.

3. Subject to Article 4 of this Order, the exportation of any goods specified in the Schedule to this Order is prohibited save under and in accordance with a licence.

4. This Order shall not apply to the exportation -

(a) of any goods by the Permanent Defence Force, or the Garda Síochána -

(i) for use by an International United Nations Force or a United Nations mandated Force in the course of its duties as such,

(ii) for the purposes of their being repaired, overhauled, refitted modified, tested or maintained, and returned to the State,

(iii) for the purposes of their being used at international military competitions, or

(iv) for the purposes of the testing of munitions,

(b) to other Member States of the European Communities of -

(i) pistols, revolvers, rifles, carbines, shotguns and other smoothbore weapons and crossbows and component parts thereof,

(ii) silencers, telescopic sights and component parts thereof, or

(iii) ammunition for firearms specified in subparagraph (i) of this paragraph,

(c) of privately owned pistols, revolvers, rifles, carbines, shotguns and other smoothbore weapons, silencers, telescopic sights, crossbows and component parts thereof, legally imported for a period of not more than 6 months by persons resident outside the European Communities who hold firearm certificates therefor, and ammunition therefor, not exceeding the amount shown on the document authorising their importation,

(d) of pistols, revolvers, rifles, carbines, shotguns and other smoothbore weapons, silencers, telescopic sights, crossbows, component parts thereof and ammunition therefor, which are held by residents in the State holding firearm certificates therefor and which are being exported outside the European Communities for use by their owners during a visit of not more than 6 months.

5. The Control of Exports Order, 2000 ( S.I. No. 300 of 2000 ), is hereby revoked.

SCHEDULE

GOODS WHICH MAY NOT BE EXPORTED WITHOUT A LICENCE

Note 1 Terms in “quotations” are defined terms. Refer to ‘Definitions of Terms used in the Schedule” annexed to this Schedule.

Note 2 Chemicals are listed by name and CAS number. Chemicals of the same structural formula (including hydrates) are controlled regardless of name or CAS number. CAS numbers are shown to assist in identifying whether a particular chemical or mixture is controlled, irrespective of nomenclature. CAS numbers cannot be used as unique identifiers because some forms of the listed chemical have different CAS numbers, and mixtures containing a listed chemical may also have different CAS numbers.

1. Small arms, automatic weapons and accessories, as follows, and specially designed components therefor:

a. Rifles, carbines, revolvers, shotguns, stunguns, crossbows, pistols, machine pistols and machine guns:

b. Smooth-bore weapons;

c. Weapons using caseless ammunition;

d. Silencers, special gun-mountings, clips, weapons sights and flash suppressers for arms specified by sub-items in Paragraphs 1.a., 1.b. or 1.c.

Note 1 Paragraph 1. does not control firearms specially designed for dummy ammunition and which are incapable of firing any ammunition specified in this Schedule.

2. Large calibre armament or weapons, projectors and accessories, as follows, and specially designed components therefor:

a. Guns, howitzers, cannon, mortars, anti-tank weapons, projectile launchers military flame throwers, recoilless rifles and signature reduction devices therefor;

Note Paragraph 2.a. includes injectors, metering devices, storage tanks and other specially designed components for use with liquid propelling charges for any of the equipment controlled by Paragraph 2.a.

b. Military smoke, gas and pyrotechnic projectors or generators.

c. Weapons sights.

3 Ammunition and fuze setting devices, as follows, and specially designed components therefor:

a. Ammunition for the weapons specified in Paragraphs 1, 2 or 12;

b. Fuze setting devices specially designed for ammunition controlled under Paragraph 3.a.

4. Bombs, torpedoes, mines, rockets, missiles, other explosive devices and charges and related equipment and accessories, as follows, and specially designed components therefor:

N.B.: Electronic guidance and navigation equipment is controlled under Paragraph 11

a. Explosive substances, pyrotechnic substances, bombs, torpedoes, grenades, smoke canisters, rockets, mines, missiles, depth charges, demolition-charges, demolition-devices and demolition-kits, pyrotechnic devices, cartridges and simulators (i.e. equipment simulating the characteristics of any of these items);

Note Paragraph 4.a. includes:

1. Smoke grenades, fire bombs, incendiary bombs and other explosive and pyrotechnic articles;

2. Missile rocket nozzles and re-entry vehicle nosetips.

b. Equipment specially designed for the handling, control, activation, powering with one-time operational output, launching, laying, sweeping, discharging, decoying jamming, detonation or detection of items specified in Paragraph 4.a.

Note Paragraph 4.b. includes:

1. Mobile gas liquefying equipment capable of producing 1,000 kg or more per day of gas in liquid form;

2. Buoyant electric conducting cable suitable for sweeping magnetic mines.

Technical Note

Hand-held devices, limited by design solely to the detection of metal objects and incapable of distinguishing between mines and other metal objects, are not considered to be specially designed for the detection of items specified in Paragraph 4.a.

5. Fire control, and related alerting and warning equipment, and related systems, test and alignment and countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor:

a. Weapon sights, bombing computers, gun laying equipment and weapon control systems;

b. Target acquisition, designation, range-finding, surveillance or tracking systems; detection, data fusion, recognition or identification equipment; and sensor integration equipment;

c. Countermeasure equipment for items specified in Paragraphs 5.a. or 5.b.

d. Field test or alignment equipment, specially designed for items specified in Paragraphs 5.a. or 5.b.

6 Ground vehicles and components, as follows:

N.B.: Electronic guidance and navigation equipment is controlled under Paragraph 11

a. Ground vehicles and components therefor, specially designed or modified for military use;

Technical Note

For the purposes of Paragraph 6.a. the term ground vehicles includes trailers.

b. All wheel-drive vehicles capable of off-road use which have been manufactured or fitted with materials to provide ballistic protection to level III (NIJ 0108.01 September 1985, or comparable national standard) or better.

N.B. See also Paragraph 13.a.

Note 1 Paragraph 6. includes:

a. Tanks and other military armed vehicles and military vehicles fitted with mountings for arms or equipment for mine laying or the launching of munitions controlled under Paragraph 4;

b. Armoured vehicles;

c. Amphibious and deep water fording vehicles;

d. Recovery vehicles and vehicles for towing or transporting ammunition or weapon systems and associated load handling equipment.

Note 2 Modification of a ground vehicle for military use entails a structural electrical or mechanical change involving one or more specially designed military components. Such components include:

a. Pneumatic tyre casings of a kind specially designed to be bullet-proof or to run when deflated;

b. Tyre inflation pressure control systems, operated from inside a moving vehicle;

c. Armoured protection of vital parts, (e.g., fuel tanks or vehicle cabs);

d. Special reinforcements or mountings for weapons.

e. Black-out lighting

Note 3 Paragraph 6. does not control civil automobiles or trucks designed for transporting money or valuables, having armoured or ballistic protection.

7 Chemical or biological toxic agents, “riot control agents”, radioactive materials related equipment, components, materials, as follows:

a. Biological agents and radioactive materials “adapted for use in war” to produce casualties in humans or animals, degrade equipment or damage crops or the environment, and chemical warfare (CW) agents;

1. CW nerve agents:

a. O-Alkyl (equal to or less than C₁₀, including cycloalkyl) alkyl (Methyl Ethyl, n-Propyl or Isopropyl) - phosphonofluoridates, such as:

• Sarin (GB):O-Isopropyl methylphosphonofluoridate

(CAS 107-44-8); and

• Soman (GD):O-Pinacolyl methylphosphonofluoridate (CAS 96-64-0);

b. O-Alkyl (equal to or less than C₁₀, including cycloalkyl) N,N-dialkyl (Methyl, Ethyl, n-Propyl or Isopropyl) phosphoramidocyanidates such as:

Tabun (GA):O-Ethyl N,N-dimethylphosphoramidocyanidate (CAS 77-81-6);

c. O-Alkyl (H or equal to or less than C₁₀, including cycloalkyl) S-2-dialkyl (Methyl, Ethyl, n-Propyl or Isopropyl)-aminoethyl alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) phosphonothiolates and corresponding alkylated and protonated salts, such as:

VX: O-Ethyl S-2-diisopropylaminoethyl methyl phosphonothiolate (CAS 50782-69-9);

2. CW vesicant agents:

a. Sulphur mustards, such as:

1. 2-Chloroethylchloromethylsulphide (CAS 2625-76-5);

2. Bis(2-chloroethyl) sulphide (CAS 505-60-2);

3. Bis(2-chloroethylthio) methane (CAS 63869-13-6);

4. 1,2-bis (2-chloroethylthio) ethane (CAS 3563-36-8);

5. 1,3-bis (2-chloroethylthio) -n-propane (CAS 63905-10-2);

6. 1,4-bis (2-chloroethylthio) -n-butane (CAS 142868-93-7);

7. 1,5-bis (2-chloroethylthio) -n-pentane (CAS 142868-94-8);

8. Bis (2-chloroethylthiomethyl) ether (CAS 63918-90-1);

9. Bis (2-chloroethylthioethyl) ether (CAS 63918-89-8);

b. Lewisites, such as:

1. 2-chlorovinyldichloroarsine (CAS 541-25-3);

2. Tris (2-chlorovinyl) arsine (CAS 40334-70-1);

3. Bis (2-chlorovinyl) chloroarsine (CAS 40334-69-8);

c. Nitrogen mustards, such as:

1. HN1: bis (2-chloroethyl) ethylamine (CAS 538-07-8);

2. HN2: bis (2-chloroethyl) methylamine (CAS 51-75-2);

3. HN3: tris (2-chloroethyl) amine (CAS 555-77-1);

3. CW incapacitating agents, such as:

a. 3-Quinuclidinyl benzilate (BZ) (CAS 6581-06-2);

4. CW defoliants, such as:

a. Butyl 2-chloro-4-fluorophenoxyacetate (LNF);

b. 2,4,5-b.trichlorophenoxyacetic acid mixed with 2,4-dichlorophenoxyacetic acid (Agent Orange).

b. CW binary precursors and key precursors, as follows:

1. Alkyl (Methyl, Ethyl, n-Propyl or Isopropyl Phosphonyl Difluorides, such as:

DF: Methyl Phosphonyldifluoride (CAS 676-99-3);

2. O-Alkyl (H or equal to or less than C₁₀, including cycloalkyl) O-2-dialkyl (Methyl, Ethyl, n-Propyl or Isopropyl) aminoethyl alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) phosphonites and corresponding alkylated and protonated salts, such as:

QL: O-Ethyl-2-di-isopropylaminoethyl methylphosphonite (CAS 57856-11-8);

3. Chlorosarin: O-Isopropyl methylphosphonochloridate (CAS 1445-76-7);

4. Chlorosoman: O-Pinacolyl methylphosphonochloridate (CAS 7040-57-5);

c. “Riot control agents”, active constituent chemicals and combinations thereof including:

1. α-Bromobenzeneacetonitrile, (Bromobenzyl cyanide) (CA (CAS 5798-79-8);

2. [(2-chlorophenyl) methylene] propanedinitrile (o-Chlorobenzylidenemalononitrile) (CS) (CAS 2698-41-1);

3. 2-Chloro-1-phenylethanone, Phenylacyl chloride (ω-chloroacetophenone) (CN) (CAS 532-27-4);

4. Dibenz-(b,f)-1,4-oxazephine, (CR) (CAS 257-07-8);

Note 1 Paragraph 7.c. does not control “riot control agents” individually packaged for personal self defence purposes.

Note 2 Paragraph 7.c. does not control active constituent chemicals and combinations thereof identified and packaged for food production or medical purposes.

d. Equipment specially designed or modified for military use, for the dissemination of any of the following and specially designed components therefor:

1. Materials or agents specified in paragraph 7.a. or c.; or

2. CW made up of precursors specified in Paragraph 7.b.

e. Protective and decontamination equipment, specially designed components therefor, and specially formulated chemical mixtures, as follows:

1. Equipment specially designed or modified for military use, for defence against materials specified in Paragraph 7.a. or c. and specially designed components therefor;

2. Equipment specially designed or modified or modified for military use, for the decontamination of objects contaminated with materials specified in Paragraph 7.a. and specially designed components therefor;

3. Chemical mixtures specially developed/formulated for the decontamination of objects contaminated with materials specified in Paragraph 7.a.;

Note paragraph 7.e.1. includes:

a. Air conditioning units specially designed or modified for nuclear biological or chemical filtration;

b. Protective clothing.

Note. For civil gas masks, protective and decontamination equipment see also entry 1A004 in Annex 1 to Council Regulation (EC) No 1334/2000, as amended.

f. Equipment specially designed or modified for military use, for the detection or identification of materials specified in Paragraph 7.a. or c. and specially designed components therefor;

Note: Paragraph 7.f. does not control personal radiation monitoring dosimeters.

N.B. See also entry 1A004 in Annex 1 to Council Regulation (EC) No 1334/2000, as amended.

g. “Biopolymers” specially designed or processed for the detection or identification of CW agents specified in Paragraph 7.a., and the cultures of specific cells used to produce them;

h. “Biocatalysts” for the decontamination or degradation of CW agents, and biological systems therefor, as follows:

1. “Biocatalysts” specially designed for the decontamination or degradation of CW agents specified in Paragraph 7.a. resulting from directed laboratory selection or genetic manipulation of biological systems;

2. Biological systems, as follows: “expression vectors”, viruses or cultures of cells containing the genetic information specific to the production of “biocatalysts” specified in Paragraph 7.h.1.;

Note 1 Paragraph 7.a. and Paragraph 7.c. do not control:

a. Cyanogen chloride (CAS 506-77-4). See 1C450.a.5. in Annex 1 to Council Regulation (EC) No 1334/2000, as amended;

b. Hydrocyanic acid (CAS 74-90-8);

c. Chlorine (CAS 7782-50-5);

d. Carbonyl chloride (phosgene) (CAS 75-44-5). See 1C450.a.4. in Annex 1 to Council Regulation (EC) No 1334/2000, as amended;

e. Diphosgene (trichloromethyl-chloroformate) (CAS 503-38-8);

f. Deleted;

g. Xylyl bromide, ortho: (CAS 89-92-9), meta: (CAS 620-13-3), para: (CAS 104-81-4);

h. Benzyl bromide (CAS 100-39-0);

i. Benzyl iodide (CAS 620-05-3);

j. Bromo acetone (CAS 598-31-2);

k. Cyanogen bromide (CAS 506-68-3);

l. Bromo methylethylketone (CAS 816-40-0);

m. Chloro acetone (CAS 78-95-5);

n. Ethyl iodoacetate (CAS 623-48-3);

o. Iodo acetone (CAS 3019-04-3);

p. Chloropicrin (CAS 76-06-2). See 1C450.a.7. in Annex 1 to Council Regulation (EC) No 1334/2000, as amended.

Note 2 The cultures of cells and biological systems listed in Paragraph 7.g. Paragraph L7.h.2. are exclusive and these sub-items do not control “technology”, cells or biological systems for civil purposes, such as agricultural, pharmaceutical, medical, veterinary, environmental, waste management, or in the food industry.

8. “Energetic materials”, and related substances, as follows:

N.B. See also 1C011 in Annex 1 to Council Regulation (EC) No 1334/2000, as amended.

Technical Notes

1. For the purposes of this entry, mixture refers to a composition of two or more substances with at least one substance being listed in the Paragraph 8 sub-items.

2. Any substance listed in the Paragraph 8 sub-items is controlled by this list even when utilised in an application other than that indicated. (e.g., TAGN is predominantly used as an explosive but can also be used either as a fuel or an oxidizer.)

a. “Explosives”, as follows, and mixtures thereof:

1. ADNBF (aminodinitrobenzofuroxan or 7-amino-4,6-dinitrobenzofurazane-1-oxide (CAS 97096-78-1);

2. BNCP (cis-bis (5-nitrotetrazolato) tetra amine-cobalt (III perchlorate) (CAS 117412-28-9);

3. CL-14 (diamino dinitrobenzofuroxan or 5,7-diamino-4,6-dinitrobenzofurazane-1-oxide (CAS 117907-74-1);

4. CL-20 (HNIW or Hexanitrohexaazaisowurtzitane) (CAS 135285-90-4); chlathrates of CL-20 (see also Paragraph 8.g.3. and g.4. for its “precursors”);

5. CP (2-(5-cyanotetrazolato) penta amine-cobalt (III) perchlorate (CAS 70247-32-4);

6. DADE (1,1-diamino-2,2-dinitroethylene, FOX7);

7. DATB (diaminotrinitrobenzene) (CAS 1630-08-6);

8. DDFP (1,4-dinitrodifurazanopiperazine);

9. DDPO (2,6-diamino-3,5-dinitropyrazine-1-oxide, PZO) (CAS 194486-77-6);

10. DIPAM (3,3'-diamino-2,2',4,4',6,6'-hexanitrobiphenyl or dipicramide) (CAS 17215-44-0);

11. DNGU (DINGU or dinitroglycoluril) (CAS 55510-04-8);

12. Furazans, as follows:

a. DAAOF (diaminoazoxyfurazan);

b. DAAzF (diaminoazofurazan) (CAS 78644-90-3);

13. HMX and derivatives (see also Paragraph 8.g.5. for its “precursors”) as follows:

a. HMX (Cyclotetramethylenetetranitramine, octahydro-1,3,5,7-tetranitro-1,3,5,7-tetrazine 1,3,5,7-tetranitro-1,3,5,7-tetraza-cyclooctane octogen or octogene) (CAS 2691-41-0);

b. difluoroaminated analogs of HMX;

c. K-55 (2,4,6,8-tetranitro-2,4,6,8-tetraazabicyclo [3,3,0]-octanone-3 tetranitrosemiglycouril or keto-bicyclic HMX (CAS 130256-72-3);

14. HNAD (hexanitroadamantane) (CAS 143850-71-9);

15. HNS (hexanitrostilbene) (CAS 20062-22-0);

16. Imidazoles, as follows:

a. BNNII (Octahydro-2,5-bis(nitroimino)imidazo [4,5-d]imidazole);

b. DNI (2,4-dinitroimidazole) (CAS 5213-49-0);

c. FDIA (1-fluoro-2,4-dinitroimidazole);

d. NTDNIA (N-(2-nitrotriazolo)-2,4-dinitroimidazole);

e. PTIA (1-picryl-2,4,5-trinitroimidazole);

17. NTNMH (1-(2-nitrotriazolo)-2-dinitromethylene hydrazine);

18. NTO (ONTA or 3-nitro-1,2,4-triazol-5-one) (CAS 932-64-9);

19. Polynitrocubanes with more than four nitro groups;

20. PYX (2,6-Bis(picrylamino)-3,5-dinitropyridine) (CAS 38082-89-2);

21. RDX and derivatives, as follows:

a. RDX (cyclotrimethylenetrinitramine, cyclonite, T4 hexahydro-1,3,5-trinitro-1,3,5-triazine, 1,3,5-trinitro-1,3,5-triaza-cyclohexane hexogen or hexogene) (CAS 121-82-4);

b. Keto-RDX (K-6 or 2,4,6-trinitro-2,4,6-triazacyclohexanone (CAS 115029-35-1);

22. TAGN (triaminoguanidinenitrate) (CAS 4000-16-2);

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:

1. Any United Nations (UN) Class 1.1 solid “propellant” with a theoretical specific impulse (under standard conditions) of more than 250 seconds for non-metallised, or more than 270 seconds for aluminised compositions;

2. Any UN Class 1.3 solid “propellant” with a theoretical specific impulse (under standard conditions) of more than 230 seconds for non-halogenised, 250 seconds for non-metallised compositions and 266 seconds for metallised compositions;

3. “Propellants” having a force constant of more than 1 200 kJ/kg;

4. “Propellants” that can sustain a steady-state linear burning rate of more than 38 mm/s under standard conditions (as measured in the form of an inhibited single strand) of 6.89 MPa (68.9 bar) pressure and 294K (21°C);

5. Elastomer modified cast double base (EMCDB) “propellants” with extensibility at maximum stress of more than 5% at 233K (-40°C);

6. Any “propellant” containing substances listed in Paragraph 8.a.

c. “Pyrotechnics”, fuels and related substances, as follows, and mixtures thereof:

1. Aircraft fuels specially formulated for military purposes;

2. Alane (aluminum hydride) (CAS 7784-21-6);

3. Carboranes; decaborane (CAS 17702-41-9); pentaboranes (CAS 19624-22-7 and 18433-84-6) and their derivatives;

4. Hydrazine and derivatives, as follows (see also Paragraph 8.d.8. and d.9. for oxidising hydrazine derivatives):

a. Hydrazine (CAS 302-01-2) in concentrations of 70% or more;

b. Monomethyl hydrazine (CAS 60-34-4);

c. Symmetrical dimethyl hydrazine (CAS 540-73-8);

d. Unsymmetrical dimethyl hydrazine (CAS 57-14-7);

5. Metal fuels in particle form whether spherical, atomised, spheroidal flaked or ground, manufactured from material consisting of 99 % or more of any of the following:

a. Metals and mixtures thereof, as follows:

1. Beryllium (CAS 7440-41-7) in particle sizes of less than 60 μm;

2. Iron powder (CAS 7439-89-6) with particle size of 3 μm or less produced by reduction of iron oxide with hydrogen;

b. Mixtures, which contain any of the following:

1. Zirconium (CAS 7440-67-7), magnesium (CAS 7439-95-4) or alloys of these in particle sizes of less than 60 μm;

2. Boron (CAS 7440-42-8) or boron carbide (CAS 12069-32-8) fuels of 85% purity or higher and particle sizes of less than 60 μm;

6. Military materials containing thickeners for hydrocarbon fuels specially formulated for use in flame throwers or incendiary munitions, such as metal stearates or palmates (e.g. octal (CAS 637-12-7) and M1, M2, and M3 thickeners;

7. Perchlorates, chlorates and chromates composited with powdered metal or other high energy fuel components;

8. Spherical aluminum powder (CAS 7429-90-5) with a particle size of 60 μm or less, manufactured from material with an aluminum content of 99% or more;

9. Titanium subhydride (TiH_n) of stoichiometry equivalent to n= 0.65-1.68.

Note 1 Aircraft fuels controlled by Paragraph 8.c.1. are finished products not their constituents.

Note 2 Paragraph 8.c.4.a. does not control hydrazine mixtures specially formulated for corrosion control.

Note 3 Explosives and fuels containing the metals or alloys listed in Paragraph 8.c.5. are controlled whether or not the metals or alloys are encapsulated in aluminum, magnesium, zirconium, or beryllium.

Note 4 Paragraph 8.c.5.b.2. does not control boron and boron carbide enriched with boron-10 (20% or more of total boron-10 content.)

d. Oxidizers, as follows, and mixtures thereof:

1. ADN (ammonium dinitramide or SR 12) (CAS 140456-78-6);

2. AP (ammonium perchlorate) (CAS 7790-98-9);

3. Compounds composed of fluorine and any of the following:

a. Other halogens;

b. Oxygen; or

c. Nitrogen;

Note 1 Paragraph 8.d.3 does not control chlorine trifluoride.

Note 2 Paragraph 8.d.3 does not control nitrogen trifluoride in its gaseous state.

4. DNAD (1,3-dinitro-1,3-diazetidine) (CAS 78246-06-7);

5. HAN (hydroxylammonium nitrate) (CAS 13465-08-2);

6. HAP (hydroxylammonium perchlorate) (CAS 15588-62-2);

7. HNF (hydrazinium nitroformate) (CAS 20773-28-8);

8. Hydrazine nitrate (CAS 37836-27-4);

9. Hydrazine perchlorate (CAS 27978-54-7);

10. Liquid oxidisers comprised of or containing inhibited red fuming nitric acid (IRFNA) (CAS 8007-58-7);

Note Paragraph 8.d.10 does not control non-inhibited fuming nitric acid.

e. Binders, plasticisers, monomers, polymers, as follows:

1. AMMO (azidomethylmethyloxetane and its polymers) (CAS 90683-29-7)

(see also Paragraph 8.g.1. for its “precursors”);

2. BAMO (bisazidomethyloxetane and its polymers) (CAS 17607-20-4 (see also Paragraph 8.g.1. for its “precursors”);

3. BDNPA (bis (2,2-dinitropropyl)acetal) (CAS 5108-69-0);

4. BDNPF (bis (2,2-dinitropropyl)formal) (CAS 5917-61-3);

5. BTTN (butanetrioltrinitrate) (CAS 6659-60-5) (see also Paragraph 8.g.8. for its “precursors”);

6. Energetic monomers, plasticisers and polymers containing nitro azido, nitrate, nitraza or difluoroamino groups specially formulated for military use;

7. FAMAO (3-difluoroaminomethyl-3-azidomethyl oxetane) and its polymers;

8. FEFO (bis-(2-fluoro-2,2-dinitroethyl) formal) (CAS 17003-79-1);

9. FPF-1 (poly-2,2,3,3,4,4-hexafluoropentane-1,5-diol formal) (CAS 376-90-9);

10. FPF-3 (poly-2,4,4,5,5,6,6-heptafluoro-2-tri-fluoromethyl-3-oxaheptane-1,7-diol formal);

11. GAP (glycidylazide polymer) (CAS 143178-24-9) and its derivatives;

12. HTPB (hydroxyl terminated polybutadiene) with a hydroxyl functionality equal to or greater than 2,2 and less than or equal to 2,4 a hydroxyl value of less than 0,77 meq/g, and a viscosity at 30°C of less than 47 poise (CAS 69102-90-5);

13. Low (less then 10 000) molecular weight, alcohol functionalised poly(epichlorohydrin); poly(epichlorohydrindiol) and triol;

14. NENAs (nitratoethylnitramine compounds) (CAS 17096-47-8 85068-73-1, 82486-83-7, 82486-82-6 and 85954-06-9);

15. PGN (poly-GLYN, polyglycidylnitrate or poly(nitratomethyl oxirane) (CAS 27814-48-8);

16. Poly-NIMMO (poly nitratomethylmethyloxetane) or poly-NMMO (poly[3-Nitratomethyl-3-methyloxetane]) (CAS 84051-81-0);

17. Polynitroorthocarbonates;

18. TVOPA (1,2,3-tris[1,2-bis(difluoroamino)ethoxy] propane or tris vinoxy propane adduct) (CAS 53159-39-0).

f. Additives, as follows:

1. Basic copper salicylate (CAS 62320-94-9);

2. BHEGA (bis-(2-hydroxyethyl) glycolamide) (CAS 17409-41-5);

3. BNO (butadienenitrileoxide) (CAS 9003-18-3);

4. Ferrocene derivatives, as follows:

a. Butacene (CAS 125856-62-4);

b. Catocene (2,2-bis-ethylferrocenyl propane) (CAS 37206-42-1);

c. Ferrocene carboxylic acids;

d. n-butyl-ferrocene (CAS 31904-29-7);

e. Other adducted polymer ferrocene derivatives;

5. Lead beta-resorcylate (CAS 20936-32-7);

6. Lead citrate (CAS 14450-60-3);

7. Lead-copper chelates of beta-resorcylate or salicylates (CAS 68411-07-4);

8. Lead maleate (CAS 19136-34-6);

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 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 (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 controlled “Energetic Materials” manufactured from these substances.

1. BCMO (bischloromethyloxetane) (CAS 142173-26-0) (see also Paragraph 8.e.1. and Paragraph 8.e.2.);

2. Dinitroazetidine-t-butyl salt (CAS 125735-38-8) (see also Paragraph 8.a.28.);

3. HBIW (hexabenzylhexaazaisowurtzitane) (CAS 124782-15-6) (see also Paragraph 8.a.4.);

4. TAIW (tetraacetyldibenzylhexaazaisowurtzitane) (see also Paragraph 8.a.4.);

5. TAT (1,3,5,7 tetraacetyl-1,3,5,7,-tetraaza cyclo-octane) (CAS 41378-98-7 (see also Paragraph 8.a.13.);

6. 1,4,5,8-tetraazadecalin (CAS 5409-42-7) (see also Paragraph 8.a.27.);

7. 1,3,5-trichlorobenzene (CAS 108-70-3) (see also Paragraph 8.a.23.);

8. 1,2,4-trihydroxybutane (1,2,4-butanetriol) (CAS 3068-00-6) (see also Paragraph 8.e.5.).

Note 5 For charges and devices see Paragraph 4.

Note 6 Paragraph 8 does not control the following substances unless they are compounded or mixed with the “energetic material” mentioned in Paragraph 8.a. or powdered metals in Paragraph 8.c.:

a. Ammonium picrate;

b. Black powder;

c. Hexanitrodiphenylamine;

d. Difluoroamine;

e. Nitrostarch;

f. Potassium nitrate;

g. Tetranitronaphthalene;

h. Trinitroanisol;

i. Trinitronaphthalene;

j. Trinitroxylene;

k. N-pyrrolidinone; 1-methyl-2-pyrrolidinone;

l. Dioctylmaleate;

m. Ethylhexylacrylate;

n. Triethylaluminium (TEA), trimethylaluminium (TMA), and otlher pyrophoric metal alkyls and aryls of lithium, sodium, magnesium, zinc or boron;

o. Nitrocelluose;

p. Nitroglycerin (or glyceroltrinitrate, trinitroglycerine) (NG);

q. 2,4,6-trinitrotoluene (TNT);

r. Ethylenediaminedinitrate (EDDN);

s. Pentaerythritoltetranitrate (PETN);

t. Lead azide, normal and basic lead styphnate, and primary explosives or priming compositions containing azides or azide complexes;

u. Triethyleneglycoldinitrate (TEGDN);

v. 2,4,6-trinitroresorcinol (styphnic acid);

w. Diethyldiphenyl urea; dimethylidiphenyl urea; methylethyldiphenyl urea [Centralites];

x. N,N-diphenylurea (unsymmetrical diphenylurea);

y. Methyl-N,N-diphenylurea (methyl unsymmetrical diphenylurea);

z. Ethyl-N,N-diphenylurea (ethyl unsymmetrical diphenylurea);

aa. 2-Nitrodiphenylamine (2-NDPA);

bb. 4-Nitrodiphenylamine (4-NDPA);

cc. 2,2-dinitropropanol;

dd. Nitroguanidine (see 1C011.d. in Annex 1 to Council Regulation (EC) No 1334/2000, as amended).

9 Vessels of war, special naval equipment and accessories, as follows, and components therefor, specially designed for military use:

N.B. For guidance and navigation equipment, see Paragraph 11, Note g.

a. Combatant vessels and vessels (surface or underwater) specially designed or modified for offensive or defensive action, whether or not converted to non military use, regardless of current state of repair or operating condition, and whether or not they contain weapon delivery systems or armour, and hulls or parts of hulls for such vessels;

b. Engines, as follows:

1. Diesel engines specially designed for submarines with both of the following characteristics:

a. A power output of 1,12 MW (1 500 hp.) or more; and

b. A rotary speed of 700 rpm or more;

2. Electric motors specially designed for submarines having all of the following characteristics:

a. A power output of more than 0,75 MW (1 000 hp.);

b. Quick reversing;

c. Liquid cooled; and

d. Totally enclosed;

3. Non-magnetic diesel engines specially designed for military use with a power output of 37,3 kW (50 hp.) or more and with a non-magnetic content in excess of 75% of total mass;

c. Underwater detection devices specially designed for military use and controls thereof;

d. Submarine and torpedo nets;

e. Hull penetrators and connectors specially designed for military use that enable interaction with equipment external to a vessel;

Note Paragraph 9.f. includes connectors for vessels which are of the singleconductor, multi-conductor, coaxial or waveguide type, and hull penetrators for vessels, both of which are capable of remaining impervious to leakage from without and of retaining required characteristics at marine depths exceeding 100 m; and fibre-optic connectors and optical hull penetrators specially designed for “laser” beam transmission regardless of depth. It does not include ordinary propulsive shaft and hydrodynamic control-rod hull penetrators.

f. Silent bearings, with gas or magnetic suspension, active signature or vibration suppression controls, and equipment containing those bearings specially designed for military use.

10 “Aircraft”, “lighter than air vehicles”, unmanned airborne vehicles, aero-engines and “aircraft” equipment, related equipment and components, specially designed or modified for military use, as follows:

N.B. For guidance and navigation equipment, see Paragraph 11, Note g.

a. Combat “aircraft” and specially designed components therefor;

b. Other “aircraft” and “lighter than air vehicles” specially designed or modified for military use, including military reconnaissance, assault, military training transporting and airdropping troops or military equipment, logistics support, and specially designed components therefor;

c. Unmanned airborne vehicles and related equipment, specially designed or modified for military use, as follows, and specially designed components therefor:

1. Unmanned airborne vehicles including remotely piloted air vehicles (RPVs) and autonomous programmable vehicles and “lighter than air vehicles”;

2. Associated launchers and ground support equipment;

3. Related equipment for command and control.

d. Aero-engines specially designed or modified for military use, and specially designed components therefor;

e. Airborne equipment, including airborne refuelling equipment, specially designed for use with the “aircraft” specified in Paragraph 10.a. or Paragraph10.b. or the aero-engines specified in Paragraph 10.d., and specially designed components therefor;

f. Pressure refuellers, pressure refuelling equipment, equipment specially designed to facilitate operations in confined areas and ground equipment, developed specially for “aircraft” specified in Paragraph 10.a. or Paragraph 10.b., or for aero-engines specified in Paragraph 10.d., and specially designed components therefor;

g. Military crash helmets and protective masks and specially designed components therefor, pressurised breathing equipment and partial pressure suits for use in “aircraft”, anti-g suits, liquid oxygen converters used for “aircraft” or missiles and catapults and cartridge actuated devices for emergency escape of personnel from “aircraft”;

h. Parachutes and related equipment, used for combat personnel, cargo dropping or “aircraft” deceleration, as follows, and specially designed components therefor:

1. Parachutes for:

a. Pin point dropping of rangers;

b. Dropping of paratroopers;

2. Cargo parachutes;

3. Paragliders, drag parachutes, drogue parachutes for stabilisation and attitude control of dropping bodies, (e.g. recovery capsules, ejection seats, bombs);

4. Drogue parachutes for use with ejection seat systems for deployment and inflation sequence regulation of emergency parachutes;

5. Recovery parachutes for guided missiles, drones or space vehicles;

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 control “aircraft” or variants of those “aircraft” specially designed for military use which:

a. Are not configured for military use and are not fitted with equipment or attachments specially designed or modified for military use; and

b. Have been certified for civil use by the civil aviation authority in a participating state.

Note 2 Paragraph 10.d. does not control:

a. Aero-engines designed or modified for military use which have been certified by civil aviation authorities in a 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 The control in 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 and specially designed components, not controlled elsewhere in this Schedule, as follows:

a. Electronic equipment specially designed for military use and specially designed components therefor.

Note Paragraph 11. includes:

1. 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;

2. Frequency agile tubes;

3. 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;

4. Underwater countermeasures, including acoustic and magnetic jamming and decoy, equipment designed to introduce extraneous or erroneous signals into sonar receivers;

5. Data processing security equipment, data security equipment and transmission and signalling line security equipment, using ciphering processes;

6. Identification, authentification and keyloader equipment and key management, manufacturing and distribution equipment.

7. Guidance and navigation equipment.

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 controls 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 and constructions and components, as follows:

a. Armoured plate as follows:

1. Manufactured to comply with a military standard or specification; or

2. Suitable for military use;

b. Constructions of metallic or non-metallic materials or combinations thereof specially designed to provide ballistic protection for military systems, and specially designed components therefor;

c. Military helmets;

d. Body armour and protective garments manufactured according to military standards or specifications, or equivalent, and specially designed components therefor

N.B. For “fibrous or filamentary materials” used in the manufacture of body armour, see entry 1C010 in Annex 1 to Council Regulation (EC) No 1334/2000, as amended.

Note 1 Paragraph 13.b. includes materials specially designed to form explosive reactive armour or to construct military shelters.

Note 2 Paragraph 13.c. does not control conventional steel helmets, neither modified or designed to accept, nor equipped with any type of accessory device.

Note 3 Paragraph 13.d. does not control body armour or protective garments when accompanying their user for the user's own personal protection.

N.B. See also entry 1A005 in Annex 1 to Council Regulation (EC) No 1334/2000 as amended.

14 Specialised equipment for military training or for simulating military scenarios simulators specially designed for training in the use of any firearm or weapon specified in Paragraph 1 or Paragraph 2, and specially designed components and accessories therefor.

Technical Note

The term ‘specialised equipment for military training’ includes military types of attack trainers, operational flight trainers, radar target trainers, radar target generators gunnery training devices, anti-submarine warfare trainers, flight simulators (including human-rated centrifuges for pilot/astronaut training), radar trainers instrument flight trainers, navigation trainers, missile launch trainers, target equipment, drone “aircraft”, armament trainers, pilotless “aircraft” trainers, mobile training units and training equipment for ground military operations.

Note 1 Paragraph 14 includes image generating and interactive environment systems for simulators when specially designed or modified for military use.

Note 2 Paragraph 14 does not control equipment specially designed for training in the use of hunting or sporting weapons.

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:

1. Closed or semi-closed circuit (rebreathing) apparatus specially designed for military use (i.e. specially designed to be non magnetic);

2. Specially designed components for use in the conversion of open-circuit apparatus to military use;

3. Articles designed exclusively for military use with self-contained diving and underwater swimming apparatus;

b. Construction equipment specially designed for military use;

c. Fittings, coatings and treatments for signature suppression, specially designed for military use;

d. Field engineer equipment specially designed for use in a combat zone;

e. “Robots”, “robot” controllers and “robot” “end-effectors”, having any of the following characteristics:

1. Specially designed for military use;

2. Incorporating means of protecting hydraulic lines against externally induced punctures caused by ballistic fragments (e.g., incorporating self-sealing lines) and designed to use hydraulic fluids with flash points higher than 839 K (566°C); or

3. Specially designed or rated for operating in an electro-magnetic pulse (EMP) environment;

f. Libraries (parametric technical databases) specially designed for military use with equipment specified in this Schedule;

g. Nuclear power generating equipment or propulsion equipment, including “nuclear reactors”, specially designed for military use and components therefor specially designed or modified for military use;

h. Equipment and material, coated or treated for signature suppression, specially designed for military use, other than those specified elsewhere in this Schedule;

i. Simulators specially designed for military “nuclear reactors”;

j. Mobile repair shops specially designed or modified to service military equipment;

k. Field generators specially designed or modified for military use;

l. Containers specially designed or modified for military use;

m. Ferries, other than those specified elsewhere in this Schedule, bridges and pontoons, specially designed for military use;

n. Test models specially designed for the “development” of items specified in Paragraph 4, Paragraph 6, Paragraph 9 or Paragraph 10.

Technical Notes

1. For the purpose of Paragraph 17, the term ‘library’ (parametric technical database) means a collection of technical information of a military nature reference to which may enhance the performance of military equipment or systems.

2. For the purpose of Paragraph 17, ‘modified’ means any structural, electrical mechanical, or other change that provides a non-military item with military capabilities equivalent to an item which is specially designed for military use.

18 Equipment for the production of products referred to in this Schedule, as follows:

a. Specially designed or modified production equipment for the production of products specified in this Schedule, and specially designed components therefor;

b. Specially designed environmental test facilities and specially designed equipment therefor, for the certification, qualification or testing of products specified in this Schedule.

Technical Note:

For the purposes of Paragraph 18, the term ‘production’ includes design examination, manufacture, testing and checking.

Note 1 Paragraph 18.a. and Paragraph 18.b. include the following equipment:

a. Continuous nitrators;

b. Centrifugal testing apparatus or equipment having any of the following characteristics:

1. Driven by a motor or motors having a total rated horsepower of more than 298 kW (400 hp);

2. Capable of carrying a payload of 113 kg or more; or

3. Capable of exerting a centrifugal acceleration of 8 g or more on a payload of 91 kg or more;

c. Dehydration presses;

d. Screw extruders specially designed or modified for military explosive extrusion;

e. Cutting machines for the sizing of extruded propellants;

f. Sweetie barrels (tumblers) 1,85 m or more in diameter and having over 227 kg product capacity;

g. Continuous mixers for solid propellants;

h. Fluid energy mills for grinding or milling the ingredients of military explosives;

i. Equipment to achieve both sphericity and uniform particle size in metal powder listed in Paragraph 8.c.8.;

j. Convection current converters for the conversion of materials listed in Paragraph 8.c.3.

Note 2 a. The term ‘products referred to in this Schedule’ includes:

1. Products not controlled if inferior to specified concentrations as follows:

a. Hydrazine (see Paragraph 8.c.4.);

b. “Explosives” (see Paragraph 8);

2. Products not controlled if inferior to technical limits, (i.e. “superconductive” materials not controlled by 1C005 in Annex 1 to Council Regulation (EC) No 1334/2000, as amended; “superconductive” electromagnets not controlled by 3A001.e.3 in Annex 1 to Council Regulation (EC) No 1334/2000, as amended; “superconductive” electrical equipment excluded from control under Paragraph 20.b.);

3. Metal fuels and oxidants deposited in laminar form from the vapour phase (see Paragraph 8.c.5.);

b. The term ‘products referred to in this Schedule’ does not include:

1. Signal pistols (see Paragraph 2.b.);

2. The substances excluded from control under Note 3 to Paragraph 7;

3. Personal radiation monitoring dosimeters (see Paragraph 7.f.) and masks for protection against specific industrial hazards, see also Annex 1 to Council Regulation (EC No 1334/2000, as amended;

4. Difluoroamine and potassium nitrate powder (see Note 6 to Paragraph 8);

5. Aero-engines excluded from control under Paragraph 10;

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:

1. “Software” specially designed for:

a. Modelling, simulation or evaluation of military weapon systems;

b. “Development”, monitoring, maintenance or up-dating of “software” embedded in military weapon systems;

c. Modelling or simulating military operation scenarios, not specified in Paragraph 14;

d. Command, Communications, Control and Intelligence (C³I or Command, Communications, Control, Computer and Intelligence (C⁴I) applications;

2. “Software” for determining the effects of conventional, nuclear chemical or biological warfare weapons.

3. “Software”, not specified in Paragraph 21.a., b.1. or b.2., specially designed or modified to enable equipment not specified in this Schedule to perform the military functions of equipment controlled by Paragraph 5, Paragraph 7.f., Paragraph 9.c., Paragraph 9.e. Paragraph 10.e., Paragraph 11, Paragraph 14, Paragraph 15 paragraph 17.i., or Paragraph 18.

23 Technology” as follows:

a. “Technology”, other than specified in paragraph 23.b, which is “required” for the “development”, “production” or “use” of items contained in the Schedule.

b. “Technology” as follows:

1. “Technology” “required” for the design of, the assembly of components into and the operation, maintenance and repair of complete production installations for items contained in the Schedule, even if the components of such production installations are not controlled;

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 in Paragraph 7.a. to Paragraph 7.f.;

4. “Technology” “required” for the “development”, “production” or “use” of “biopolymers” or cultures of specific cells specified in Paragraph 7.g.;

5. “Technology” “required” exclusively for the incorporation of “biocatalysts” specified in Paragraph 7.h.1., into military carrier substances or military material.

Note 1 “Technology” “required” for the “development”, “production” or “use” of items contained in the Schedule remains under control even when applicable to any uncontrolled item.

Note 2 Paragraph 23 does not control “technology” as follows:

a. Which 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. Which is “in the public domain”, “basic scientific research” or the minimum necessary information for patent applications;

c. For magnetic induction for continuous propulsion of civil transport

DEFINITIONS OF TERMS USED IN THE SCHEDULE

This document contains the definitions of the terms used in the Schedule of Goods, in alphabetical order.

Note 1	Definitions apply throughout the Schedule of Goods. The references are purely advisory and have no effect on the universal application of defined terms throughout the Schedule of Goods.
Note 2	Words and terms contained in the List of Definitions only take the defined meaning where this is indicated by their being enclosed in quotations marks (“ ”). Elsewhere, words and terms take their commonly accepted (dictionary) meanings, unless a local definition for a particular control is given.

“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.

“Additives”

Substances used in explosive formulations to improve theirproperties.

“Aircraft”

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

“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.

“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.

“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 Note

1. ‘Anti-idiotypic antibodies’ 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.

“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.

“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.

“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 workpiece.

“Expression Vectors”

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

“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.

“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”.

“Laser”

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

“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

“Military 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 military applications are required to detonate.

“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.

“Precursors”

Speciality chemicals used in the manufacture of military explosives.

“Production”

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

“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.

“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”.)

“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.

“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.

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.