Controlled exports
Controlled exports
The export of a controlled item from Finland may require an export license. Specifically, an export license is needed for:
- the export from Finland to any other country (including other EU countries) of military items (items listed in the EU Common Military List) and certain specific, highly sensitive dual-use items (items listed in Annex IV to the EU Dual-Use Regulation),
- the export from Finland to a recipient outside the EU of dual-use items (items listed in Annex I to the EU Dual-Use Regulation or in the national control list), and
- the export from Finland to a recipient in a specific third country or for use in such specific third country of items that are subject to export restrictions under country-specific sanctions regulations (e.g., items listed in Annexes VII and XXIII of Regulation (EU) 833/2014 if exported to or for use in the Russian Federation).
The export license requirement applies to any 鈥渆xports鈥 of controlled items by University or by members of Aalto community. An 鈥渆xport鈥 is a cross-border transfer of a dual-use item (goods, software, or technology) whether physically, electronically, or verbally, including any of the following:
- Physical exports, in other words permanent or temporary cross-border shipments, of controlled items such as equipment, components, materials, samples, chemicals and biological agents, and of software or technology stored in a physical media;
- Electronic transfers or sharing (including oral transmission) of controlled items such as software or technology by email, video conference, online learning, downloading or accessing of documents by a person located outside EU making information available for access by persons outside the EU, including by sending or storing unencrypted information in public networks or cloud servers, and by telephone if information is communicated so as to achieve substantially the same result as if the recipient had read it; or
- Hand carrying in individual鈥檚 personal belongings of controlled items such as software or technology on paper or saved on a laptop, mobile phone or memory device, or equipment, components, materials, samples, chemicals and biological agents.
Technology and software will constitute the majority of exports of research results by members of Aalto community. These might take the form of research data, blueprints, methodologies, plans, diagrams, models, formulae, source code, object code, tables, technical reports, engineering designs and specifications, or manuals and instructions. Please note that in some cases also tangible items such as equipment (or components thereof), chemicals and materials may be exported by University or members of Aalto community.
Technology controls exist to ensure that knowledge, know-how and expertise related to sensitive items are not inadvertently supplied for use in programs with military, weapons of mass destruction, public security or human rights concern. However, not all information relating to sensitive items is controlled. To be controlled, research results qualifying as technology must be 鈥渞equired鈥 for the development, production or use of dual-use items[1] or military items. This means that such results must be responsible for achieving or extending the controlled performance levels, characteristics or functions set out in Annex I or national control list (as for dual-use items) or Common Military List of the European Union (as for military items). These controlled performance levels, characteristics or functions are generally very specific and high, consequently limiting the technology that meets the 鈥渞equired鈥 threshold. In the event a sanction program is relevant on collaboration involving University or member of Aalto community more severe restrictions on technology may apply.
Please note that export is considered to take place also when personal laptop having controlled items stored on it is taken outside EU and when you yourself remotely access controlled information when travelling abroad. Disclosure of such controlled items to third person outside EU is not necessary.
The effect of the above control is that you need to know what you are exporting and, depending on the circumstances, a license needs to be received before export takes place or, if there will not be a license, it must be ensured that nothing that would require license is exported.
[1] The notion of 鈥渞equired鈥 applies to Categories 1 to 9 of Annex I. For Category 0 (nuclear items) of Annex I listed dual-use technology is the specific information that is directly associated with any goods controlled in Category 0. This is a broad description and, consequently, the range of controlled nuclear technology is larger than the range of controlled technology in each of Categories 1 to 9 of Annex I. In other words, a researcher whose research interests relate to nuclear technology reaches the scope of controlled technology easier than a researcher who studies fields other than nuclear technology.