What are Export Controls?
Export Controls are a multi-lateral, global mechanism designed to prevent the proliferation of weapons of mass destruction, to preserve regional stability, to prevent terrorism and to protect human rights. Export Controls are rooted in the work of a number of multi-lateral non-proliferation international treaties and conventions. The most relevant for activities at UCD are the EU Dual Use Regulations. Technical experts maintain, and update on an on-going basis, the lists of items and technologies that are subject to these Export Control rules.
Export Controls generally take the form of a legal obligation on exporters to obtain prior authorisation i.e., an export licence, from the national competent authority for the export to third countries of the listed items. In Ireland, this means that exporters must apply to the Export Control Unit of the Department of Enterprise, Trade and Employment (DETE) for an export licence before exporting any of the listed items or any technology, technical assistance, software or knowhow relating to those items.
Universities are subject to Export Controls in the very same way as commercial exporters; the motivation or the reason for the export is not relevant. If a University exports a listed item, or exports technical assistance/knowhow etc. relating to a listed item, it must obtain a licence in advance, regardless of the intended use. Whilst academic freedom is a fundamental right guaranteed by the (opens in a new window)Charter of Fundamental Rights of the European Union, that does not exempt researchers and Universities from complying with the Regulations.
Current penalties for breaches of Export Controls are fines of up to €10 million (or three times the value of the technology) and/or a prison sentence of up to 5 years. These penalties can apply to individual researchers as well as to the University. Irish funding bodies also include Export Control clauses as part of the grant terms and conditions.
The EU Commission has recently published their (opens in a new window)Recommendation 2021/1700 aimed solely at the University sector to provide guidelines on how Universities can comply with Export Controls. In accordance with this regulation, we have prepared an Export Control Policy/Internal Compliance Programme (ICP). In addition, we have engaged sectorally with PwC to provide a comprehensive training programme on Export Controls, which is delivered in UCD via Brightspace. We are developing a range of communication and engagement activities, to raise awareness of Export Controls across the University. If you have queries or believe you have an immediate requirement for an Export Control licence, please contact us via (opens in a new window)exportcontrol@ucd.ie.