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Re: foreign nationals on DoD contracts Herbert B. Chermside 02 Jul 2003 12:32 EST

I will speak to the question of export regs restrictions.
If the work is subject to ITAR or EAR, giving information to foreign
nationals can be a "deemed export" that is prohibited.
Our institution has so far escaped involvement by ensuring that all
research is subject to publication in the scientific literature.  That is a
prime measure that the research is "fundamental research" and therefore not
subject to ITAR and EAR.
The question of "sensitive" is muddy.  However, the Secretary of HS has
recently publicly announced that the only security-like restrictions placed
on federal research will be through the usual formal security
regulations.  Don't know that all sponsors are following this.  You may
have some interesting negotiations if your sponsor is a commercial entity
who has reason to specify ITAR or EAR mechanisms, or even if they have no
reason in their prime award, but are just being super-careful and including
restrictions in the agreement to cover themselves.

Hope others can shed more light, or share recent experiences.

Chuck

At 07:15 AM 7/2/2003 -0400, you wrote:
>Hello colleagues:
>I'd like to hear from others who have encountered difficulties employing
>foreign nationals on DoD or other "sensitive" contracts. What do your
>institutions do? Reassign the work? How have you made faculty aware of
>these restrictions so they can plan post-doc and research assistant
>assignments? How do these restrictions relate to export regs?
>
>I'll summarize posts. Thanks for your input.
>
>
>Rebecca J. Sutcliffe, Ph.D.
>Director, Research & Curriculum Innovation
>Division of Research
>Clarkson University
>Box 5630
>Potsdam, NY 13699-5630
>(315) 268-4402    /6515 FAX
>xxxxxx@clarkson.edu
>www.clarkson.edu/research

Herbert B. Chermside, CRA
Director, Sponsored Programs Administration
Virginia Commonwealth University
PO BOX 980568
Richmond, VA  23298-0568
Express Delivery Only:
 Biotech One, Suite 113
 Virginia Biotechnology Research Park
 800 East Leigh Street
 Richmond, VA 23219
Voice:  804-828-6772
Fax     804-828-2521
OFFICE e-mail   xxxxxx@VCU.EDU
Personal e-mail xxxxxx@vcu.edu
http://www.research.vcu.edu/ospa.htm

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