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Software in the context of EU dual-use Regulation is defined as a collection of one or more “programs” (i.e. sequence of instructions to carry out a process in, or convertible into, a form of executable by an electronic computer) or “microprograms” (i.e. a sequence of elementary instructions, maintained in a special storage, the execution of which is inititiated by the introduction of its reference instruction into an instruction register) fixed in any tangbile medium of expression. In many instances, the software controls relate to software designed or modified for the development, production or use of listed items elsewhere in the EU dual-use list. But there are also dedicated (stand-alone) software controls. 

Example:

6D001 includes the control of “software” specially designed for the “development” or “production” of equipment, amongst
others, specified in 6A008 (specific radar systems equipment, assemblies, and specially designed components).

7D005 refers to “software” specially designed to decrypt satellite navigation system ranging code designed for government use.

_{Source: Commission Recommendation (EU) 2021/1700 of 15 September 2021 on internal compliance programmes for controls of research involving dual-use items under Regulation (EU) 2021/821 of the European Parliament and of the Council setting up a Union regime for the controls of exports, brokering, technical assistance, transit and transfer of dual-use items}

In order to be listed, the software must exist at some point in a tangible medium or expression. The software itself may be transferred by both tangible and intangible mediums.

The definition of software needs to be read in conjunction with the Nuclear Software Note for Category 0 and the General Note for Category 1 to 9 set out in Annex I of the EU dual-use Regulation.

In relation to information security software (specified in Category 5 – part 2) it is important to note that the Nuclear Software Note in its entirety and the General Software Note partially do not apply, and thus cannot be used for releasing from control.

If you have any doubts or questions regarding the above, please consult your School’s or Departments technical export control expert or Aalto University’s compliance officer. 

Support organization for export control and sanctions matters at Aalto University

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