Hi, Chuck,
I recently went through this here at UMass & I am not positive that your
"fundamental research" exemption applies to EAR. I agree on ITAR that if you are
allowed to publish freely, then ITAR cannot apply. EAR, in our investigation, does
not have similar exemptions for fundamental research. If the topic of your research
is an EAR-covered area, then I believe you are stuck with it (and its various
physical restrictions and export license requirements). EAR covered areas are also
numerous & murky, as are the license requirements. I found the EAR reg tough to
navigate & interpret in general.
If you know of exemption language for EAR, I'd be interested in seeing it as our
negotiations haven't yet been finalized. It looks like our faculty member may opt
not to participate because of EAR & if there truly is such an exemption, I'd be
happy to find it!
Thanks for the insight - always so useful to us on the list!
-jennifer
"Herbert B. Chermside" wrote:
> 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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--
Jennifer Donais, Associate Director
Office of Grant & Contract Administration
University of Massachusetts
Amherst, MA 01003
(413) 545-5888 FAX (413) 577-1595
http:://www.umass.edu/research/ogca
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