European Commission requests comments on recommendation on export control of dual-use items

The European Commission has opened a targeted consultation of higher education institutions and research institutes on a draft EU compliance guidance for research involving dual-use items. The closing date for comments is 30 November.

What are dual-use items?

Under legislation applicable in Finland, dual-use items refer to products, technologies, services or other goods which, besides their normal civilian use, may have military applications or may contribute to the proliferation of weapons of mass destruction.

Products and technologies considered as dual-use items subject to export control can be found in at least the following research areas:

  1. Nuclear engineering
  2. Materials technology
  3. Chemistry and chemical engineering
  4. Microbiology and biotechnology
  5. Electronics
  6. Information technology
  7. Communications technology
  8. Information security (including encryption)
  9. Sensor technology
  10. Laser technology
  11. Navigation technology and avionics
  12. Marine technology
  13. Aerospace engineering

Importance of risk assessment

In Finland, there is high-level research in many, if not all, of these areas. The line between basic research and applied research is often vague, and determining a potential export-control status of research results sometimes requires expert knowledge.

Finnish higher education institutions and research institutes are increasingly involved in international cooperation. At least some Finnish universities and research institutes have already introduced internal guidelines and systems that help them identify, manage and mitigate different risks in terms of international cooperation and potential export-control considerations.

The Ministry for Foreign Affairs encourages universities and research institutes to do so. As the dual-use field is constantly expanding, unwanted military use or other unwanted use by public authorities are a risk in many countries, and there is reason to intensify the prevention of such risks even in Finland.

While the key principles of the academic world, such as academic freedom, openness in research and cross-border cooperation, create unique challenges for export control of dual-use items, in the long run they also contribute to upholding these principles in responsible research communities.

European Commission requests comments on draft recommendation

Internationally, public authorities in many countries have issued recommendations and models on what is expected of the academic world in terms of export control of dual-use items.

Now the European Commission (DG Trade) has opened a targeted consultation of higher education institutions and research institutes on a draft EU compliance guidance for research involving dual-use items. This draft recommendation is a follow-up on the EU recommendation for research and industry issued in August 2019(Link to another website.).

The draft recommendation was prepared in collaboration between the representatives of different Member States and the representatives of the Commission. Some academic bodies were consulted already during the drafting phase. The public consultation now gives all interested parties the opportunity to comment on the draft recommendation.

The draft recommendation (pdf)(Link to another website.) and more information about the targeted consultation(Link to another website.) are available on the Commission website.

The closing date for comments is 30 November 2020.

Read more about export control on the website of the Ministry for Foreign Affairs.