Export control and dual-use items
Dual-use items can be used for both civilian and military purposes. When the university is to export items falling within this scope outside the EU, an export control is required.
Items that are normally used for civilian purposes but can also be used for military purposes are collectively referred to as dual-use items. If you need to export dual use items outside EU you need an authorisation (for some especially sensitive items you also need an authorisation for transfer within the EU). The university must ensure that all handling of dual use items is carried out in accordance with applicable laws and regulations.
What is dual-use items?
Dual use items can be, e.g. chemicals, equipment and software that can be used both for civilian and military purposes. Dual use items may also include knowledge of the manufacture and use of these items. Anyone who exports or otherwise transfer items and technology out of the country is obliged to find out if they are classified as dual use items.
Keep in mind that it is an export regardless of whether the item being exported
- is sold
- is lent
- is given away
- is temporarily outside Sweden's national border.
If classified items are to be sent to countries within the EU, it is called a transfer, where no authorisation usually is required, however, the recipient must be informed of the classification of the item.
To classify dual use items
The classification is made by the responsible researcher with the support of the employees at the institutions who have knowledge about export control. The list in Annex 1 to the EU Regulation forms the basis for the classification of dual use items. An export control administrator working at the Property Management Office can assist in the classification and, if necessary, apply for an export authorisation from the Swedish Inspectorate for Strategic Products (ISP). A checklist is available to aid researchers in classification.
Especially sensitive items
For some items, you need an authorisation even for transfers within the EU. These are listed in Annex IV of the dual use items regulation. Annex IV includes items such as:
- explosive equipment
- hydrophones
- missile technology
- cryptography
- certain chemicals
- nuclear technology (nuclear weapons)
- stealth technology.
The catch all provision
To prevent exporters from deliberately trying to circumvent the intent of the law, there is also a so-called ‘catch all’ provision. This means that if the exporter is aware that the item/technology could be used for weapons of mass destruction, it is subject to export controls even if the item is not listed.
Education, information and support functions
In order to disseminate knowledge about the classification of dual use items and export control to the departments that are affected by the regulations, about 15 employees at the university have attended training on export control. An export control officer is employed centrally at the administration to support researchers and departments. It is the export control officer who will handle SU's applications for export control against ISP. The university has adopted export control rules and procedures for export control, which are published under Governing Documents at Stockholm University
Sanctions
Sanctions can be directed against countries, companies or individuals. In Sweden, we follow the sanctions decided by the UN, the EU and the OSCE. Typical sanction measures can be an arms embargo, financial sanctions or bans on equipment that can be used to oppress one's own population.
In some cases, the US has its own sanctions that Sweden and SU are not legally bound by, but where it may be wise to consult with export control officers about handling.
