Rochelle,
Guidelines for ITAR registration [and requests for possible exemptions]
are available at the US Department of State's website:
http://pmdtc.org/

Regards,
Michael

Michael Fish
Director, Grants Development Office
California Polytechnic State University
San Luis Obispo, CA 93407
xxxxxx@calpoly.edu
(805) 756-2982

-----Original Message-----
From: atheyrr [mailto:xxxxxx@MAIL.UTEXAS.EDU]
Sent: Tuesday, January 07, 2003 11:50 AM
To: RESADM-L
Cc: atheyrr
Subject: Re: [RESADM-L] foreign nationals

Dear Resadm-l'ers:

Anita Quinn mentioned that --

We have recently had some contracts come in that have restrictions
related to the hiring of foreign nationals.

Are any of you accepting contracts from Federal sponsors that demand to
approve any foreign nationals working on the project.

If so, how do you enforce this?  Does your university have a policy
related to this type of condition/assurance?

I am working on a similar problem.  My PI was notified by email that he
would have to obtain an export license for a postdoc (Chinese national
but a permanent resident of Singapore) that he planned to use on the
research.  Interestingly, there was nothing about the foreign national
restriction in the prime contract or in our subcontract under the prime.

I asked the sponsor (US ARMY TACOM) if the technology was subject to
ITAR or EAR in an attempt to figure out why they decided to limit the
participation of foreign nationals.  The person I talked to said they
thought EAR applied but they weren't sure and wanted us to contact the
Dept of Commerce to obtain a determination.

Before we make any such request to Commerce we're going to submit a
request to TACOM for waiver from export regulations (both EAR and ITAR
just to be safe).  The prime contractor will probably seek a public
domain waiver and my university (a subcontractor on the prime) will
submit a fundamental research exclusion waiver.  I thought we might as
well submit them together -- the postdoc needs to work with the prime's
and our technology for this project.

Does anyone out there have a template letter that makes the fundamental
research and/or public domain arguments for waiver from EAR and/or
ITAR?  (I will end up writing the letter for our prime, since they are
a small company with no experience in this area.)  It would be very
educational to see what other institutions have done in these
situations.

Thanks so much and good luck on negotiating out that clause!

Rochelle Athey
Office of Sponsored Projects
The University of Texas at Austin
North Office Building, Suite 4.300
101 East 27th Street
Mail Code A9000
PO Box 7726
Austin, Texas 78713-7726
Phone (512) 471-6448
Fax (512) 471-6564

http://www.utexas.edu/research/osp/index.html

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 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")
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