Humboldt-Universit?t zu Berlin fosters international research cooperation and is a centre of activity for international researchers. The associated participation in foreign trade through the export and import of scientific goods results in the obligation to comply with the applicable laws and regulations. This applies, for example, to the - joint - use or development of scientific equipment, materials or software, but also to the transfer of intellectual property such as technologies, expertise or scientific services.
Research in accordance with the legal requirements of export control law
Humboldt-Universit?t aims to ensure that research and scientific exchange are conducted in accordance with its own guidelines and ethical principles. With its research and teaching, Humboldt-Universit?t contributes to the preservation and improvement of human living and environmental conditions. Conscious of its responsibility towards society and the environment, it addresses the possible consequences of utilising its research results. Humboldt-Universit?t takes its responsibility for the consequences of the utilisation of its research results very seriously.
The statutory export control system is based on the freedom of foreign trade and restricts it in selected - security-relevant - areas. Freedom and barriers require the individual responsibility of each participant. It is therefore important for HU to be aware of its responsibility towards society and the environment and to consider the possible consequences of utilising its research results. Humboldt-Universit?t takes its responsibility for the consequences of utilising its research results very seriously.
The statutory export control system is based on the freedom of foreign trade and restricts it in selected - security-relevant - areas. Freedom and restrictions require the individual responsibility of each participant.
Purpose of the barriers of export control law
The purpose of the barriers in German and European export controls is essentially the prevention of
- proliferation of weapons of mass destruction,
- the uncontrolled transfer of conventional armaments,
- terrorism, repression or human rights violations abroad through sensitive goods.
Civilian goods that undermine or could undermine the purpose of the barriers (so-called dual-use goods) and, in certain cases, the exchange of knowledge (so-called "technical assistance") are also subject to export control regulations.
Violations can lead to personal criminal consequences such as fines and/or imprisonment for the acting and institutionally responsible persons.
Consultation and authorisation procedure
In order to protect its members and itself from these consequences, Humboldt-Universit?t has put together a team that offers advice and clarification in cases of doubt on the one hand and supports HU members in approval procedures at the Federal Office of Economics and Export Control (BAFA) on the other.
Whether a project is subject to export control, i.e. whether it is relevant under foreign trade law or not, depends first and foremost on whether a good that is sensitive under foreign trade law is the subject of the project itself or is used within the scope of the project. Secondly, the dissemination of knowledge that is important for the use of listed goods may be relevant under foreign trade law. In case of doubt, the Federal Office of Economics and Export Control (BAFA) must be consulted about the project and authorisation obtained if necessary. Initial information and the underlying legal acts - on the one hand the German Foreign Trade and Payments Act and the Foreign Trade and Payments Ordinance (AWG and AWV) and on the other hand European foreign trade law (in particular the so-called Dual-Use Regulation) - can be found on the BAFA website.