The Council on Governmental Relations (COGR) brochure from 2004 offers an in-depth analysis of U.S. export control regulations and their specific impacts on research-intensive universities. Focusing on the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), the document explains these frameworks’ objectives—such as promoting national security, nonproliferation, and foreign policy—while underscoring the intensified scrutiny of export controls amid concerns about homeland security and technology transfer.
A prominent theme is the tension universities face in reconciling regulatory compliance with the principles of academic freedom and the open dissemination of research. The brochure details vital exemptions that support academic activities, particularly the “fundamental research” and “public domain” exclusions, which generally protect the ability to share research openly unless publication or access is restricted. By contrasting the differing scopes of EAR and ITAR—covering dual-use technologies and military-related items or services, respectively—the document clarifies their distinct regulatory demands.
Practical guidance is provided through comprehensive case studies, illustrating how export control challenges may arise in areas such as international collaboration, handling sensitive technologies, sharing technical data, and interactions with foreign nationals. These real-world examples help institutions interpret when exemptions apply, recognize potential lapses—such as risks to the fundamental research exclusion—and navigate complex contract provisions.
To support compliance, the brochure proposes institutional best practices, including integrating export control checks into project workflows, designating responsible officials, developing internal policies, and offering training programs. It emphasizes proactive risk management through measures like compartmentalizing controlled activities, enforcing procedural safeguards, and fostering clear communication with sponsors and partners. Appendices supplement the main text with frequently asked questions, further resources, and clarifications related to agreements and technical exports.
Overall, the brochure serves as an educational and practical resource, aiming to raise awareness of export control issues in academia, promote informed compliance, and safeguard the openness and integrity of university research in the face of evolving regulatory requirements.
