Please don't assume that universities who have accepted this language have
done
so with "no problem".  It is a truly complicated issue.  The DFARS allow the
sponsor to identify information as sensitive and there is no easy prescription
to use to get out of the clause.  NSDD 189 says that if the project is that
sensitive then it should be classified.  Some schools don't do classified work
and getting sponsors to agree to NSDD 189 and disagree with the DFARS when the
one is more favorable to them is complicated.  There is nothing legally wrong
with them requesting a restriction on the release of information.  Our problem
is that if they do so, we have to deal with export control issues.  Those
issues are complicated too and quite time consuming.  The risk of
non-compliance is high.

Many of us have taken difficult language when it was politically incorrect not
to do so or we couldn't find a legal prohibition against accepting it.
Therefore, maybe we should request assistance with this from COGR and band
together to educate each other instead of assuming some of us are "caving in"
to the detriment of others.

Thanks.

At 08:34 AM 6/6/02 -0400, you wrote:
>Donna:
>
>        We have told them that we would do only fundamental research under
>the co-op agreement, thereby making the ITAR/EAR issues moot and also would
>not accept any restriction on publication of results.  We await a response
>from BMDO.
>
>        So, we are not one of the several other institutions which have
>accepted the language with no problem.
>
>Charlie
>
>-----Original Message-----
>From: Beyea, Donna L. [mailto:xxxxxx@ROCHESTER.EDU]
>Sent: Wednesday, June 05, 2002 4:21 PM
>To: xxxxxx@HRINET.ORG
>Subject: [RESADM-L] Missile Defense Agency
>
>
>I'm looking for help from anyone that may have recently dealt with the
>Missile Defense Agency (MDA).  One of our faculty members made an inquiry on
>potential funding from them and was subsequently sent a cooperative
>agreement that must be signed BEFORE he can submit any proposal.  He has 30
>days from the execution of the agreement to submit his proposal for
>consideration.
>
>The problem is that the cooperative agreement contains publication language
>that restricts our right to publish without MDA's prior approval.  This is
>obviously something that we will not accept.  They argue they can't change
>this clause because of ITAR and the National Security Decision Directive
>#189.  My arguement back that we would be doing basic research that should
>be exempt from ITAR and this directive doesn't seem to be working.  The
>agency, of course, says that "several other universities have accepted this
>language with no problem" but they have yet to give me any specific names of
>institutions (except Tulane which I understand does classified research for
>them).
>
>I would love to know if anyone else has worked with them and was able to
>work around the publication restriction.
>Thanks
>Donna
>*****************
>Donna L. Beyea
>Sr. Research Administrator
>University of Rochester
>Office of Research & Project Administration
>518 Hylan Building
>Rochester NY  14627
>phone: (585) 275-8036*
>fax: (585) 275-9492*
>email: xxxxxx@rochester.edu
>(*note Area Code has changed from 716 to 585 as of November 2001)
>
>
>======================================================================
> Instructions on how to use the RESADM-L Mailing List, including
> subscription information and a web-searchable archive, are available
> via our web site at http://www.hrinet.org (click on "Listserv Lists")
>======================================================================
>
>
>======================================================================
> Instructions on how to use the RESADM-L Mailing List, including
> subscription information and a web-searchable archive, are available
> via our web site at http://www.hrinet.org (click on "Listserv Lists")
>======================================================================
>

======================================================================
 Instructions on how to use the RESADM-L Mailing List, including
 subscription information and a web-searchable archive, are available
 via our web site at http://www.hrinet.org (click on "Listserv Lists")
======================================================================