Export control scenarios
The following university context-specific scenarios may be affected by export controls. The list is not exhaustive.
Teaching, advising, collaborating or working with foreign persons within Switzerland on dual-use goods.
Swiss export controls generally do not foresee controls on non-Swiss persons who gain access to listed goods within Switzerland. Therefore, no authorisation is required as long as the listed goods remain within Switzerland. There are a few exceptions to this for nationals from certain embargoed countries or individually sanctioned persons.
Apart from this, the following applies: if the students or foreign employees return to their home country and continue to have access to the covered goods (or are in possession of them), however, then an authorisation is required.
It is therefore advisable to think about whether sharing listed knowledge or listed goods is worth the effort and approvable under export control laws already at the time of enrolment or recruitment.
An overview of the embargo measures of Switzerland, the EU and the USA can be found here (UniIntern) (for now only in German).
Research cooperations with foreign partners in embargoed countries.
Similar regulations apply to transnational research collaborations/cooperative projects with partners from or in embargoed countries. Here it is important to check the embargo regulations of one's own country of origin.
For example, American researchers need an OFAC licence if they want to work on a project with Iranian colleagues and exchange data or knowledge for this purpose. The USA impose extensive sanctions on Iran, which, among other things, make research collaborations subject to approval.
EU citizens working in Switzerland must also comply with the embargo measures of their country of origin and therefore check the respective regulations when collaborating on research.
An overview of the embargo measures of Switzerland, the EU and the USA can be found here (UniIntern) (for now only in German).
The same applies to collaborations with individually sanctioned legal entities or individuals (e.g. certain Iranian, Russian or Chinese universities that are themselves sanctioned entities).
Organisation of (virtual) conferences/meetings/seminars on research related to dual-use goods or presentation of such research at (virtual) conferences/meetings/seminars inside or outside Switzerland.
If only Swiss persons participate in the conference/meeting/seminar, no authorisation is required.
However, if there is a possibility that foreign persons will return to their home country with goods (including knowledge) they obtain at the conference/meeting/seminar, authorisation may be required.
In the case of virtual conferences/meetings/seminars that are transferred to or take place at a destination outside Switzerland, authorisation is required for the part of the research that is related to listed goods.
Publication of listed technology.
A publication containing technology that meets the export control thresholds for listed goods requires an export authorisation. The fact that a publication is planned is not sufficient for the information contained therein to be considered generally available and to justify an exemption from export control. Export control authorities rely on universities to do their due diligence and review prior publications in sensitive research areas.
In principle, this may also apply to master's or doctoral theses that meet the threshold(s) of listed technology.
Researchers might consider modifying or omitting the specific parts that contain listed technology, or even restricting access to those specific parts. If risk mitigation is not possible, consideration should be given to how researchers can comply with the authorisation requirement (e.g. by applying for an individual authorisation).
Patented information and information for patent applications.
No licence is required as the export of patented information that has been made fully available to the public and is thus considered "publicly available" is exempt from export control.
The export of information required for patent applications does not require a licence.
Export of tangible dual-use goods, including design prototypes and used laboratory equipment on official research trips or for repair.
The University of Bern may (re)sell, give away or lend listed goods or also export them temporarily for its own research projects (e.g. for repair or upgrading). Regardless of whether the goods are new, prototypes or used, a licence is required for their export if they are listed on the Swiss goods lists.
Accessing listed technology or software located on servers of the University of Bern from abroad.
Staff members accessing listed technology or software in the context of a professional visit abroad must generally apply for authorisation before travelling.