No. 36/1937:

SPANISH CIVIL WAR (EXPORT OF WAR MATERIAL) ORDER, 1937.

SPANISH CIVIL WAR (EXPORT OF WAR MATERIAL) ORDER, 1937.

WHEREAS it is enacted by sub-section (1) of Section 10 of the Spanish Civil War (Non-Intervention) Act, 1937 (No. 1 of 1937), that the Executive Council may by order whenever they so think proper take all such measures, impose all such prohibitions and restrictions, and do all such things as shall, in the opinion of the Executive Council, be necessary or expedient to prevent the exportation from Saorstát Eireann to Spain or any Spanish territory of articles which are, in the opinion of the Executive Council implements of war or war material :

AND WHEREAS such of the articles mentioned in the Schedule to this Order as are implements are, in the opinion of the Executive Council, implements of war, and all other articles mentioned in the said Schedule are, in the opinion of the Executive Council, war material :

AND WHEREAS the prohibitions and restrictions imposed by and the other provisions contained in this Order are, in the opinion of the Executive Council, necessary or expedient to prevent the exportation from Saorstát Eireann to Spain or to Spanish territory of the articles mentioned in the Schedule to this Order :

NOW, the Executive Council, in exercise of the power conferred on them by sub-section (1) of Section 10 of the Spanish Civil War (Non-Intervention) Act, 1937 (No. 1 of 1937), and of every and any other power them in this behalf enabling do hereby order as follows :

1. This Order may be cited as the Spanish Civil War (Export of War Material) Order, 1937.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. —(1) It shall not be lawful for any person to export or attempt to export from Saorstát Eireann to any place in Spain or in Spanish territory (whether directly or through any other country) any of the articles mentioned in the Schedule to this Order save under and in accordance with a licence in that behalf issued by the Minister for Justice under this Order.

(2) The foregoing provisions of this paragraph shall have effect as if they were included in the Customs Consolidation Act, 1876, and that Act, as amended or extended by subsequent enactments, shall apply accordingly.

4. —(1) The Minister for Justice may, if and whenever he so thinks proper, issue to any person a licence to export from Saorstát Eireann to a specified place in Spain or in Spanish territory specified articles the exportation of which to such place without such licence is prohibited by this Order.

(2) The said Minister may attach to any licence issued by him under this paragraph all (if any) such conditions and limitations as he shall think proper and shall state in such licence.

(3) Every licence issued by the said Minister under this paragraph shall be expressed and shall operate to authorise the person named in that behalf in such licence to export, notwithstanding anything contained in this Order, the articles specified in such licence to the place in Spain or Spanish territory similarly specified, but subject to and in accordance with the conditions and limitations stated in such licence and subject to due compliance with the law (other than this Order) relating to the exportation of such articles.

5. The provisions of this Order are in addition to and not in substitution for any provision relating to exportation from Saorstát Eireann contained in any statute, statutory order, or other enactment, and accordingly nothing in this Order shall operate :—

(a) to prejudice or affect or to relieve from any prohibition of or restriction on the exportation of any article mentioned in the Schedule to this Order imposed by any statute, statutory order, or other enactment (whether passed or made before, on, or after the date of this Order) for the time being in force, or

(b) to take away, restrict, or otherwise prejudice any power in relation to the exportation of all or any of the articles mentioned in the Schedule to this Order conferred on any Minister or on the Revenue Commissioners or on any other person by statute, statutory order, or other enactment (whether passed or made before, on, or after the date of this Order) for the time being in force, or

(c) relieve from any penalty imposed by any statute, statutory order, or other enactment (whether passed or made before, on, or after the date of this Order) for the time being in force in relation to the exportation of all or any of the articles mentioned in the Schedule to this Order.

SCHEDULE.

IMPLEMENTS OF WAR AND WAR MATERIAL.

Category I.

1. Rifles and carbines and their barrels.

2. Machine-guns, automatic rifles and machine pistols of all calibres and their barrels.

3. Guns, howitzers and mortars of all calibres, their mountings, barrels and recoil mechanisms.

4. Ammunition for the arms enumerated under 1 and 2 above ; filled and unfilled projectiles for the arms enumerated under 3 above, and prepared propellant charges for these arms.

5. Grenades, bombs, torpedoes and mines, filled or unfilled, and apparatus for their use or discharge.

6. Tanks, armoured vehicles and armoured trains.

Armour-plate of all kinds.

Category II.

Vessels of war of all kinds, including aircraft-carriers and submarines.

Category III.

1. Aircraft, assembled or dismantled, both heavier and lighter than air, and their propellers or air-screws, fuselages, aerial gun-mounts and frames, hulls, tail units and under-carriage units.

2. Aircraft-engines.

Category IV.

Revolvers and automatic pistols of a weight in excess of 1 lb. 6 ozs. (630 grammes) and ammunition therefor.

Category V.

1. Flame-throwers and all other projectors used for chemical or incendiary warfare.

2. Mustard gas, Lewisite, ethyldichlorarsine, methyldichlorarsine, and all other products destined for chemical or incendiary warfare.

3. Powder for war purposes, and explosives.

Dublin.

This 26th day of February, 1937.