Skip to main content
Innovation & Commercialisation
Export Controls

Export Controls

Export Controls seek to prevent technologies, materials, chemicals, goods, equipment, information, software or computer programmes, and know-how, being acquired by those that may use these items for undesirable purposes such as to destabilise governments, threaten national security or human life.

In particular, export controls cover items of military use, or that can be adapted for military use, i.e. dual use (including their constituent parts, or unfinished goods). There are certain exemptions for basic scientific research and for material that is already in the public domain, but these exceptions or “decontrols” are interpreted very narrowly and need to be considered carefully on a case by case basis as to whether they might apply. 

SETU's Export Controls Policy is available here.

SETU's Export Controls Procedures are available here.

Licenses

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 Business and Innovation for an export licence before exporting any of the listed items or any technology, technical assistance, software or knowhow relating to those items. Please contact [email protected] to discuss whether a license is required and how to go about applying for an export control authorisation. 

Universities

We 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 Charter of Fundamental Rights of the European Union, that does not exempt researchers and Universities from complying with the Regulations.
The European Commission Recommendation 2021/1700 provide guidelines for Universities on how we can comply with export control. We are currently working through the recommendation and further information will be provided in due course. Meanwhile, we have provided a helpful training video below and if you have queries or believe you have an immediate requirement for an Export Control Licence, please contact us via [email protected]

Screening Questions: Could You Need an Export Control Licence?

The following screening questions should be considered by researchers in the early stages of the research lifecycle (e.g. when drafting a grant application) to enable early identification of any potential export control requirements. The identification of such risks as early as possible can help mitigate delays later on particularly where a licence may be required. Here are some important screening questions that researchers, along with their Principal Investigators/Supervisors, should be asking themselves at the outset of designing and planning a new research project: 

  1. Will the Project involve the export, transfer, shipping, transmission (including email) of controlled items, software, equipment, technology, technical assistance or know how to persons or entities located outside the EU?
  2. Are any collaborators, funders or other project participants located in or affiliated with countries subject to EU, UN or Irish Sanctions, arms embargoes or trade restrictions and do you intend to export any controlled items, software, equipment, technology, technical assistance or know how to recipients located in or affiliated with such embargoed or sanctioned countries?
  3. Will the project involve the use, transfer or re-export of items, software, or technical data that have been imported from the United States and if so, did documentation (end user certificate) from the exporter state that the item would be subject to US export control laws?

If you answer yes to any of the above questions, SETU researchers must notify their Head of School and contact the SETU Export Controls Team at [email protected] for advice on whether an export controls licence application may be required for certain aspects of the project.

Export Controls Training

The training is available on Moodle (Waterford) and Blackboard (Carlow). On Moodle you will find the training on a dedicated page for export controls. On blackboard, you will find the training in a dedicated section as part of the research integrity training page. In order to complete the training and claim your certificate, you will be required to complete the following:

  1. Watch a 40-minute video and accompanying slides titled "Export Controls: What Every Researcher Needs to Know Before Its Too Late!" delivered by Dr James O'Sullivan (Head of Innovation & Commercialisation) and Professor Kim Murphy (Research Integrity & Compliance Officer).
  2. Complete the Epigeum "Introduction to Export Controls - Module".
  3. Complete the "Introduction to Export Controls - Test".
  4. Complete the Export Controls Post-Training Survey.

Additional Information & Resources

Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast):  https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32021R0821

Common Military List of the European Union: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52020XG0313(07)

EU Sanctions map: https://www.sanctionsmap.eu/#/main