Export Control
The UK Export Control Act aims to promote global security through strategic export controls.
Export controls are designed to restrict the export and communication of sensitive technology or strategic goods, with the aim of preventing international terrorism and the development or use of Weapons of Mass Destruction (WMDs).
These controls apply to activities at Newcastle University in the same way that they would apply to any other organisation. If an activity falls under the scope of UK Export Control legislation, an Export Licence will be required to move or take goods, software and technology outside of the UK. This applies to both:
- physical exports - the shipment of physical goods, or the movement of tangible items such as hard copy documents, and research data carried overseas on electronic devices
- transfer of intangible items - including digital transfers by email, text message and fax, telephone conversations and video conferences, accessing your emails and files stored on a UK server whilst overseas, or providing access to information and data stored on digital platforms
Controlled technology
Export controls apply to two categories of technology, data and know-how:
- military items - items with a specific miltary application
- dual-use items - items which are designed for civilian use, but may have an unintended military application
University colleagues can either use a key term to search the Online Goods Checker or refer to the consolidated list of military and dual-use items that require export authorisation to find out whether their technology is controlled.
Exemptions
The following exemptions or de-controls may apply to academic research:
- the technology, data or know-how is already in the public domain
- where access is restricted in any way, this exemption does not apply, eg a subscription is required to access a journal
- the technology, data or know-how refers to basic scientific research, eg theoretical knowledge without a specific application
- if the information could be used to develop, improve, produce or use a physical item, this exemption does not apply
- the technology, data or know-know refers to the basic information required to file a patent application
However, if there are any end-use / end-user concerns, these exemptions do not apply.
End-use / end-user concerns
Goods not listed as controlled technology may still require an Export Licence. This is the case if there are any concerns regarding the organisation, company or institution that you are planning to engage with regarding the end-use of the technology. This includes collaborators, visitors, international travel and teaching in countries of potential concern (internal login required), which may be subject to sanctions.
Consequences of non-compliance
All Unversity colleagues have a legal responsibility to comply with Export Control legislation where it applies to their activities. The consequences of non-compliance include:
- disciplinary action in accordance with relevant University policies
- unlimited fines
- up to 10 years' imprisonment
Further is available to University staff and students to raise awareness of legal requirements.
