Export Control

By participating in foreign trade, Ulm University undertakes to comply with the legal framework of foreign trade law and export controls.

Science, research and teaching are free. Are they? Not completely. The freedom of science is restricted by conflicting constitutional law. Export control regulations are intended to reconcile Germany's security interests with the freedom of research.

German and European export control regulations aim at preventing the proliferation of weapons of mass destruction, the uncontrolled transfer of armaments and the use of sensitive goods in human rights violations or terrorist activities.

In an academic context, export control may be relevant, for example, in the case of research cooperations with foreign partners, cooperations with visiting scientists at one's own institute, taking scientific equipment along when travelling abroad or even publications.

The University's Export Control Office will be happy to advise you on questions regarding the handling of goods, the classification of technology, technical assistance and the hiring of persons from socalled third countries. It is the central point of contact for all questions concerning foreign trade law at the University of Ulm. It clarifies requirements for legal permits and, if necessary, also contacts the Federal Office of Economics and Export Control.

In addition, University's staff may need to ask advice from the Commission "Responsibility in Science" of the University of Ulm in certain cases, as well.

FAQs

Within the EU, there are only few restrictions:

The recipient and its institution must not be included in personal sanctions lists. You must check this at www.finanz-sanktionsliste.de before you send an item and document the result. False positive hits are possible. Please contact the Export Control Office if necessary.

The transfer of dual-use items in Annex IV of the EU Dual-Use Regulation, war weapons and other military equipment of the Export List Part 1 Section A of the Foreign Trade and Payments Ordinance is subject to authorisation. Please always contact the Export Control Office in such cases.

If the goods are listed in Annex 1 of the EU-Dual-Use Regulation, the recipient must be informed  in the business documents relating to the transfer (contract, invoice, etc.), stating the classification number.

If you wish to transfer items with US origin, you may have to apply for a licence from the US authorities. Please note that this may also apply to individual components of larger devices. Find out the ECCN number from your vendor or the manufacturer, as this enables us to check the restrictions. Ideally, this classification was already given to you in the quotation when you procured the product. It may also be an EAR99 class item (low technology consumer goods such as car tyres or office furniture). If you have made an end-user statement/end-use statement to the seller, you must notify them of a change. Please then contact the Export Control Office, which will assist in determining the restrictions for the item in question.

The recipient and its institution must not be included in personal sanctions lists. You must check this at www.finanz-sanktionsliste.de before you send an item and document the result. False positive hits are possible. Please contact the Export Control Office if necessary.
If there is an embargo for the country to which you want to ship, please contact the Export Control Office beforehand. Here you will find an overview of the embargoed countries. Caution: Violations of embargoes can result in a prison sentence of a minimum of one year!
Goods with a value of more than € 1,000 or dual-use goods require a customs declaration. You can have a service provider, e.g. a forwarding agent or courier service, represent you. You can get more information about this from customs.
The export of war weapons and other military equipment (Export List Part 1 Section A of the Foreign Trade and Payments Ordinance) is subject to authorisation. Please always contact the Export Control Office in such cases.
Use the Export List Part 1 Section B of the Foreign Trade and Payments Regulation and Annex I of the EU Dual Use Regulation to check whether the item is a listed dual-use item. Dual-use items can be used for military purposes in addition to their civilian applications, e.g. certain equipment for handling biological substances, beryllium metal, communication cable systems that detect clandestine intrusion, electrolytic cells for generating fluorine or measuring cameras. If you want to ship physical dual-use items (also for the purpose of basic research!), a licence from BAFA is required before shipment. Please allow approx. three months for this and contact the Export Control Office in good time beforehand.
There are also restrictions for non-listed goods. Non-listed goods may not be used for sensitive purposes. If you have indications that the recipient or its institution intends to use the goods for   
-the development, production, handling, operation, maintenance, storage, detection, identification or proliferation of chemical, biological or nuclear weapons and missiles for this (Art. 4 para. 1 lit. a EU Dual-Use Regulation),
-a military end-use if the purchasing country or country of destination is an arms embargo country (Art. 4 para. 1 lit. b EU Dual-Use Regulation),
-the use of non-listed goods for digital surveillance in connection with internal repression and/or the commission of serious violations of human rights and international humanitarian law (Art. 5 EU Dual-Use Regulation), or  
-the operation of a nuclear facility in nine countries of destination (Article 9 AWV),
contact the Export Control Office.  We are obliged to inform the BAFA, which decides whether a permit is required.
If you wish to transfer goods with US origin, you may have to apply for a licence from the US authorities. Find out the ECCN number from your vendor or the manufacturer. Ideally, this classification was already given to you in the quotation when you procured the product. It may also be an EAR99 class item (low technology consumer goods such as car tyres or office furniture). If you have made an end-user statement/end-use statement to the seller, you must notify them of a change. In such cases, please contact the Export Control Office quoting the goods classification, which will help to determine the restrictions for the item in question.

 

•    Gefahrgutbeauftragter (dangerous goods officer) of Ulm University
•    Postal Service of Ulm University

The organising institution must not be listed in personal sanctions lists. You must check this at www.finanz-sanktionsliste.de and document this before registering.
If the conference is to be held in or hosted by an embargoed country, please always contact the Export Control Office before registering. Here you will find an overview of the embargoed countries. Caution: Violations of embargoes can result in a prison sentence of a minimum of one year!
Do not present or speak on technology related to military equipment. Do not present or speak on unpublished dual-use technology without consulting the Export Control Office. Ideally, you should only take what you need for the conference with you on your electronic devices. In particular, please do not take any unpublished dual-use research data or results with you on your electronic devices. By doing so, you may be in breach of export control regulations. Note that it does not matter if you want to publish the data in the future! The first internationally accessible publication/presentation constitutes the export control-relevant act.

 

Check the name of the person and the home institution against the financial sanctions list via www.finanz-sanktionsliste.de. It is prohibited to provide a person who is listed or whose home institution is listed with benefits of monetary value (e.g. accommodation in guest rooms, reimbursement of travel expenses, samples or research data).

If the person has not resided exclusively in an EU member state or one of the EU001 countries for the last five years, please send a curriculum vitae of the person together with a statement on the following questions to the export control office before signing a hosting agreement or initiating the employment contract procedure with Dezernat III Personal:

1. For how long is the person staying and what exactly will the person be doing? What projects will they be involved in and what is their abstract goal (e.g. doctorate)?
2. Is the object of research a listed dual-use technology? Dual-use goods are technology, software or goods that are listed in the EU Dual Use Regulation and the German export list. In addition to their civilian application, they are also used for military purposes, for example research on highly infectious and dangerous pathogens, sensitive sensors or detectors, particularly powerful computers or cryptanalytical processes. You can find them here: https://www.bafa.de/DE/Aussenwirtschaft/Ausfuhrkontrolle/Gueterlisten/gueterlisten_node.html

3. Will the person have (electronic) access to other information or technology that is not publicly accessible? If so, what kind of information/technology and is it listed dual-use technology?
4. Will the person be conducting research on U.S. equipment or material, unpublished U.S. software or U.S. technology?
5. Is it basic or applied research? If it is application-oriented research: To the best of your knowledge, where can the anticipated research results generally be used?

6. To the best of your knowledge and assessment, are there possibilities of military use or use in goods for digital surveillance, for the construction or operation of civilian nuclear facilities of these research results? If so, which ones? Military use expressly includes any possible use in the field of nuclear, biological or chemical weapons and the corresponding delivery systems for their proliferation (including the associated technology). Indications include in particular: profile of the institution of origin, content and co-authors of scientific publications, press reports.

If there is an embargo for the home country of the person, please make sure to contact the Export Control Office beforehand as they may be additional questions. Caution: Violations of embargoes can result in a prison sentence of a minimum of one year!
You can find further information on the hosting of guests and hiring on the pages of Dezernat III Personal and in "Rundschreiben 10/2024".

Yes! In rare cases, scientific freedom must also take second place to the security interest. Publications or making software publicly available are always subject to authorisation if the specific technical knowledge is indispensable for the production, development or use of listed goods. The knowledge that is especially relevant for the fulfilment of essential elements of the list number, i.e. for the fulfilment of the respective technical parameters, is indispensable.

The area of basic scientific research and teaching is not affected by the authorisation requirement for exports of listed technology. It can be difficult to draw a line between this and application-orientated research. The BAFA explains this: 

Experimental and applied research can belong in the field of basic scientific research as long as it involves feasibility studies as well as the identification of principle solution or process paths. In contrast, work that can clearly be assigned to the area of development – towards finished products – no longer falls within the scope of basic scientific research. In addition to the Technology Readiness Level, the origin of the research funds and the type of cooperation partners (e.g. industrial cooperation) can be further indicators for assessing whether the research should be deemed basic scientific research or applied research.

If you are researching dual-use technology and are planning a publication that is accessible outside the EU and cannot be safely classified as basic scientific research, please contact the Export Control Office.

This depends on what you take with you and what you have access to during your business trip.

If you are taking items with you, the same applies as for the shipping of items. If the export of the items is subject to authorisation, you must be able to show the authorisation. Personal items are generally exempt from this. It is generally advisable to send the items in advance to avoid difficulties at the border.

Exported goods also include software and data on your laptops and smartphones, as well as access to cloud content.

Contact the Export Control Office before your business trip if you are travelling to embargoed countries or if you are researching dual-use technology.

Depending on your destination, you may not be able to prevent third parties from accessing your research data. Therefore, please consider travelling with a laptop on which only standard software is installed, no research data is stored and no other access to research data is set up (e.g. CloudStore or VPN!).

You can find further information on business travel on the pages of  Dezernat III Personal.

Authorisations are applied for via the ELAN-K2 portal of the BAFA. 

If you require access, please contact the Export Control Office.

In some cases, a general authorisation can be used. If this is the case, the BAFA must be notified via the ELAN-K2 portal prior to use and the individual exports must be reported collectively on an annual basis. Therefore, please inform the Export Control Office in advance if you wish to use a general authorisation.