F1PART 6AProvisions relating to the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement

Annotations:
Amendments (Textual)

Provisions relating to the EU defence-related products Directive

Establishing reliability of Northern Ireland recipient undertaking42G

1

The Secretary of State, to establish the reliability of a Northern Ireland recipient undertaking, must assess the following criteria in relation to the recipient—

a

its capacity to observe limitations on the export of an EU-listed military item received under authorisation granted by a competent authority;

b

its proven experience in defence activities, in particular,—

i

the record of compliance by the undertaking with export restrictions, including any relevant court decisions;

ii

any authorisation held by the undertaking to produce or market an EU-listed military item;

iii

the employment of experienced management staff by the recipient;

c

its relevant industrial activity in Northern Ireland or the EU customs territory relating to an EU-listed military item, with, in particular, capacity for system or sub-system integration;

d

the appointment of a senior executive as the dedicated officer personally responsible for exports and transfers;

e

the provision of a written commitment, signed by the senior executive referred to in subparagraph (d), that—

i

the undertaking will take all necessary steps to observe and enforce any specific condition of an authorisation granted by a competent authority relating to end-use and re-export of any specific component or product received;

ii

the undertaking will provide to the Secretary of State, on request, detailed information concerning the end-user or end-use of the EU-listed military item exported, transferred, or received under an authorisation granted by a competent authority; and

f

the provision of a written description, signed by the senior executive referred to in subparagraph (d), of the internal compliance programme or export and transfer management system of the undertaking, including details of—

i

the organisational, human, and technical resources allocated to the management of exports and transfers;

ii

the chain of responsibility within the undertaking;

iii

internal audit procedures;

iv

awareness-raising

v

staff-training;

vi

physical and technical security arrangements;

vii

record-keeping; and

viii

traceability of exports and transfers.

2

In this article, “competent authority” means an authority in a member State responsible for carrying out the obligations of that member State under the EU defence-related products Directive.