Editorial K2 nytt 240223
Pål R. Njølstad

Export control and export license – a new dimension to advertising and filling positions

Export control and sensitive knowledge transfer means that certain goods, technology and services cannot be exported from Norway without a license issued by the Ministry of Foreign Affairs. PST and the Ministry of Foreign Affairs do not have detailed knowledge of what is subject to a license, it is the institutions and professional communities that must assess this.

For our part, export control is mainly about control of knowledge transfer and research collaboration, with associated mapping of equipment and technology required to be licensed as well as awareness when exchanging students/employees, guest lecturers, data security etc.

As Head of Department, I must assess whether an export license should be applied for, based on the candidate’s nationality and whether the subject area in which the person is to work is sensitive, and may therefore be problematic in relation to the export control regulations/knowledge transfer.

An export license is mainly applied for when there are candidates who come from the countries: Iran, China, Pakistan and Russia. Applications are made regardless of whether the candidates reside in countries other than their citizenship.

HOW SHOULD WE AT K2 RELATE TO THIS?

1. When a position is advertised

I will assess early in the recruitment process whether the position is within a sensitive subject area. When scientific positions are to be advertised, the text of the announcement to this effect must be worded if the subject area requires it:

“UiB is subject to the regulations for export control and the regulations apply when processing applications for the position”.

An export license is applied for if I consider that the subject area is sensitive, and the candidate(s) has a nationality which means that it should be applied for. An application for an export license is sent before an offer letter is sent to the candidate.

The HR employee can send out an offer letter when we have received feedback that the candidate is not subject to a license. If necessary, reservations can be included in the offer letter and/or the employment contract pending a response from the Ministry of Foreign Affairs on the application for a license.

1. Visiting researchers

I will assess whether the subject area and the candidate’s nationality indicate that we should apply for an export license. Applications are sent well in advance of the planned stay.

HOW TO DO?
When a position is to be advertised, the person wishing to advertise the position must send information to me about the following:

• project description
• description of the work tasks
• equipment/instruments the candidate must use in the work
• what qualifications the person appointed to the position must have in order to carry out the work tasks
• the candidate (competence, background and why the candidate is assessed as the right person)

WHAT HAPPENS THEN?
Processing of the application by the Ministry of Foreign Affairs can take 3-6 months. It is therefore important that the time aspect is carefully assessed before the announcement and that, if necessary, appears from the advertisement text that the appointment of the candidate must take place soon. If so, this will be emphasized when recommending and offering the position.

This is complicated, and the most practical method has not yet been found. A representative from PST will come to our department head meeting in 1-2 weeks so that we can find out more about what an export license means and how we should proceed.

Have a great weekend!

Pål