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June 15, 2006 

Science Magazine Praises "Welcome New Look" at Export Controls

In an editorial in the current edition of Science magazine, editor-in-chief Donald Kennedy, discusses the "uncomfortable relationship between the scientific community in the United States and the regulations of its government regarding exports." Mr. Kennedy writes:

"The anxiety among scientists and academic administrators has returned, and once again its major source has been the application of certain regulations to basic research findings. ITAR (International Traffic in Arms Regulations) control the export of military data and defense services; EAR (Export Administration Regulations) are managed by the Department of Commerce and address security concerns regarding dual-use technologies. Both raise a similar problem: Regulations have been applied to scientific information as well as to technology, military devices, and supporting data."


Mr. Kennedy describes the "further difficulties" that arise as a result of the "deemed exports" provision of the EAR and the "scary report" on technology transfers to foreign nationals issued by Commerce's Office of the Inspector General (OIG) in 2004 that "could have made U.S. universities responsible for obtaining licenses for thousands of visiting researchers and raised a significant bar to scientific exchanges." He also praises David McCormick, Under Secretary of Commerce for Industry and Security for rejecting the OIG's "unfair and unworkable definition of a foreign national." Mr. Kennedy concludes by noting that "there is reason to hope that the 'use' definition will continue to carve out an exemption for the results of basic research."


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