Export control

Export control of dual-use items aims at the non-proliferation of weapons of mass destruction (WMDs) and to promote responsible export of Finnish technology. Export control is implemented with international agreements and cooperation. The Ministry of Foreign Affairs serves as the national competent authority for export control in Finland.

Export control covers all export of dual-use items and technology under statutory supervision. Terrorism and the threat of the spread of WMDs have increased both the need for arms control and the need to control the export of dual-use items.

Export control is regulated by the Act on the Export Control of Dual-Use Items (500/2024)(Link to another website.) and Regulation (EU) 2021/821 of the European Parliament and of the Council.

Export control seeks to promote responsible export of Finnish technology and to prevent the use of Finnish technology for the development of WMDs, for undesirable military ends, for uses against the interests of Finland, or for purposes that violate human rights.

Export control ensures that Finnish companies have access to controlled goods and technology manufactured elsewhere.

Definition of dual-use items

According to Article 2(1) of Regulation (EU) 2021/821 of the European Parliament and of the Council, ‘dual-use items’ means items, including software and technology, which can be used for both civil and military purposes, and includes items which can be used for the design, development, production or use of nuclear, chemical or biological weapons or their means of delivery, including all items which can be used for both non-explosive uses and assisting in any way in the manufacture of nuclear weapons or other nuclear explosive devices.

A range of products can be dual-use items, but usually they are high-technology products, such as nuclear substances and special materials and equipment related to them, electronics, certain computer devices, data communications and data protection equipment, and sensors and lasers.

Export of dual-use items

Export of dual-use items refers to the export of controlled dual-use items to outside the EU. Such export is subject to authorisation.

In internal EU trade, an authorisation is required only for such extremely sensitive items as nuclear materials and equipment. It should be borne in mind that the Ministry for Foreign Affairs may impose an authorisation requirement for the transfer of dual-use items from Finland to another Member State if the conditions laid down in Article 11(2) of Regulation (EU) 2021/821 of the European Parliament and of the Council are met.

According to Sections 6 and 17(2) of the Act on the Export Control of Dual-Use Items(Link to another website.), transit and brokering may be subject to authorisation if certain conditions are met.

National competent authorities

In Finland, the Ministry for Foreign Affairs is the national competent authority responsible for export control of dual use items. The Ministry of Defence is the national competent authority for defence materiel exports and the National Police Board serves as the competent authority for the export of firearms and cartridges for civilian use.

The Ministry for Foreign Affairs is responsible for Finland’s security policy orientations in the plenaries of the international export control arrangements. The Ministry is also responsible for the administration of the EU export control system in Finland.

The Unit for Export Control at the Ministry for Foreign Affairs serves companies in all matters related to the export control of dual-use items.

Regulation on export control of dual-use items 

In the EU, provisions on the export of dual-use items are laid down in the Regulation (EU) 2021/821 of the European Parliament and of the Council(Link to another website.) (Opens New Window). 

The lists of controlled items in the EU dual-use regulations correspond to the lists agreed in international export control arrangements. The control procedures that have been laid down are in line with the principles adopted in different international control arrangements and in some aspects, EU’s harmonisation has proceeded further than is required internationally.

The international control arrangements are:

1. the Wassenaar Arrangement(Link to another website.) (Opens New Window) On Export Controls for Conventional Arms and Dual-Use Goods and Technologies (WA)
2. the Australia Group(Link to another website.) (Opens New Window) (AG) fighting the spread of chemical and biological weapons   
3. the Missile Technology Control Regime(Link to another website.) (Opens New Window) (MTCR) and 
4. the Nuclear Supplier’s Group(Link to another website.) (Opens New Window) (NSG)

The arrangements coordinate the participating states’ export control procedures and lists of controlled products, which the European Union integrates into the Union law.

The new Act on the Export Control of Dual-Use Items (Link to another website.) (500/2024) entered into force in September 2024. The Act provides for national complementary regulation to support the application of the EU Dual Use Regulation. The legislative reform aims to harmonise Finnish regulations with the EU Dual Use Regulation and ensure efficient enforcement of export control in Finland. The new Act also contains provisions on the notification obligations of exporters and brokers and on other authorisation requirements.