The document, authored by the Council on Governmental Relations (COGR), provides a detailed analysis and commentary on recent amendments by the U.S. Department of State to the International Traffic in Arms Regulations (ITAR), with particular emphasis on their impact on academic and research institutions. COGR acknowledges the State Department's reaffirmation in the March 29, 2002 Federal Register interim rule that publicly available information and fundamental research at universities are not considered controlled technical data under ITAR, consistent with National Security Decision Directive 189 (NSDD 189). The document appreciates this guidance but notes that its lack of codification in the regulations perpetuates confusion among federal agencies and contractors, leading to overly restrictive contract terms that incorrectly designate university research as ITAR-controlled and hinder collaborations with foreign nationals.
COGR further critiques the practical limitations of new exemptions in the amendments, particularly restrictions on foreign participation in fundamental research, which may compel institutions to continue applying for export licenses and impede international collaboration, even with allies. To address these challenges, COGR recommends specific regulatory clarifications and amendments—including clearer definitions of "public domain" and "fundamental research," and removal of language ambiguities—to ensure that the spirit of allowing free exchange of information in fundamental research environments is maintained. The document also highlights potential internal inconsistencies within the ITAR, where certain sections may inadvertently override the intended exemptions, and urges further clarifications to prevent such conflicts and support the effective advancement of scientific research in compliance with federal regulations.
