Export Control with EU and US
EU Requirements
Since 1 January 2021, the export of controlled goods / technology to the EU has required an export licence.
If you are intending to export goods or technology to the EU, please first decide whether the item is controlled by following the guidance set out on the University’s Export Control website.
Should you conclude that the goods or technology that you intend to export are controlled you should either:
- For goods / technology with a direct military use or that are exported for WMD use seek an individual licence as set out on the main University export control pages
- For dual-use goods/technology use the guidance below to export under the University's Open General Export Licence (OGEL) for exports to the EU
The University is required to have a record of all exports of dual-use goods/technology made to the EU under the OGEL. These records must be kept for 3 years and may be audited by the UK Export Control Joint Unit.
If you intend to export dual-use goods or technology, please complete the contact
RDM@Napier.ac.uk with the following information:
- the exporter, name and details
- any Co-Is
- how the export will be made e.g. via email, via physical export, etc.
- the Category, Item number, and Description of the goods, software or technology
- when the export will be made
- who will receive the export, and
- who the end-user will be
If you are able to provide the information above fully, and you are exporting intangibles or technology (e.g. research data, blue prints or other controlled information by email) then you will normally be able to proceed with the export.
Additional advice must be sought before export if you:
- Are unable to complete all aspects of the form fully and confidently (please seek advice whenever unsure, failure to comply with export control legislation can be a criminal offence).
- Are exporting any items listed on Category 0 (nuclear materials, facilities and equipment) of the control lists.
- Are exporting physical items on the dual-use lists.
If you are intending to export items covered by Category 0, you must seek advice as set out below as an additional notification to the government is required before export.
If you are exporting physical goods, you will also need to list the University's OGEL number on all relevant shipping documents, purchase orders and invoices. To obtain the OGEL number and get further guidance, please contact
RDM@Napier.ac.uk.
US Export Control
If you import controlled technology / goods / software from the USA, US Export Controls apply even after the item is no longer in the US. Re-export clauses may prevent the goods, technology or software from being re-exported to particular countries and from being shared with certain foreign nationals within the UK (including within your research team). This may apply to shared equipment and software used by students, postdocs and visiting academics. If a person using controlled items / technology / software has dual nationality, their most recently acquired nationality will determine whether controls apply.
If your research involves items for military use, you will need to comply with US controls, specifically the International Traffic in Arms Regulations (ITAR). The Bureau of Industry and Security (BIS) provides a list of
Export Administration Regulations (EAR) under which other technology / goods / software are controlled. You need to be aware of and comply with the restrictions. However, it is the exporter’s responsibility to let you know which items are controlled and which controls apply. You are advised to consult with RIE before accepting and signing general declarations of compliance