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What are Export Controls?

The EU operates a system of controls on the export of sensitive items from member states, which form part of a global framework designed to prevent the proliferation of weapons of mass destruction, to support global security, prevent terrorism, to preserve regional stability and to protect human rights. Export controls include licensing requirements for certain sensitive goods or export restrictions in respect of certain destination countries or end-users.

Dual-Use Regulation – Council Regulation (EC) 428/2009 of 5 May 2009 is the most important European export control legislation. This was subsequently “recast” by Regulation (EU) 2021/821. Annex I to the Dual-Use Regulation lists the dual-use items subject to control and requiring authorisation for export outside the EU. Annex I is amended annually to take account of the changes made to control lists by the principal multilateral export control regimes.

In Ireland the Department of Enterprise, Trade and Employment (DETE) is the national competent authority with responsibility for administering and enforcing these controls. DETE provides specific information on export controls here.

Most dual-use items can more freely within the EU. However, a licence is required to export them to a country outside the EU. Very sensitive items such as nuclear material will also require a transfer licence for movement within the EU. It should also be noted that export controls also apply to software, information and other services and not just to the physical goods.

The responsibility for compliance with export control regulations rests with the individual researcher who intends to export goods, technology, software, or knowledge. All TCD staff members (scientific and administrative) are bound to comply with all global, EU and national dual-use export control laws and regulations.

Policies and Guidance

Detailed guidance for Trinity staff and students is in development. Further information is provided below.

All Trinity staff and students should familiarise themselves with the University's Policy on Good Research Practice, as well as other research-related policies which can be found here.

DETE has information on the relevant regulations and legislation related to Export Controls here.

Training for Trinity Staff and Students

Trinity staff and students have access to Epigeum's suite of research integrity training modules. There is a short online module on export controls. Further information on this training is here.

An Export Controls Training for Researchers video can be viewed here . Please note, you will need to login with your TCD credentials to view the recording.

Frequently Asked Questions

Who is the "exporter"?	Both natural persons and legal persons are covered by the definition of exporter. This means that a TCD researcher on his or her own behalf or the TCD entity on behalf of the researcher can be the exporter. It is up to the TCD Export Control office in collaboration with the researcher to make internal arrangements concerning who will apply for a licence. It should be noted that the identification of the exporter is different from the identification of an export. When a visiting third country researcher gets access to, for instance, controlled technology at a university campus inside the customs territory of the Union, then no export takes place. When this researcher returns home to his/her third country and brings with him/her the controlled technology, then an export takes place which requires an approved and valid licence. Hence, prior to this export, a licence application needs to be filed. The last person inside the customs territory of the Union deciding on the transmission of the controlled technology outside the EU, is the exporter and needs to apply for a licence.
If a publication contains controlled technology, who has to apply for a licence?	The key point here is that a natural or legal person needs to apply for a licence and thus acts as the exporter. Who that is depends on the internal policy or the contractual arrangement between the author of the publication and the scientific publisher.
Can a TCD employee when traveling abroad on a professional visit remotely accessing controlled technology or software located on the server of an EU-based research organisation?	TCD Employees accessing controlled technology or software abroad on a professional visit generally must apply for a licence before traveling.
Do I need a licence if I am collaborating or working on research involving dual-use items outside EU?	No control licence is needed for EU persons engaged outside the EU in research involving dual-use items if there is no access to controlled dual-use items from within the customs territory of the Union. However, national measures may require a technical assistance licence or may ban technical assistance. Sanctioned entity / country involvement may necessitate licensing / may be prohibited. You should always seek guidance before proceeding.