The Council on Governmental Relations (COGR) submitted formal comments to the U.S. Department of State regarding recent amendments to the International Traffic in Arms Regulations (ITAR) as published in March 2002. COGR expresses appreciation for the State Department’s reaffirmation that fundamental research at universities and public domain information are not subject to ITAR restrictions, consistent with National Security Decision Directive 189 (NSDD 189). However, COGR points out persistent challenges arising from unclear regulatory language and misunderstandings by federal agencies and contractors, which have led to the mislabeling of university research projects as ITAR-controlled, overly restricting collaborations with foreign students and scholars and impeding academic progress.
COGR recommends specific regulatory amendments to codify the supplementary guidance into the body of ITAR, thereby providing universities greater certainty in conducting and disseminating fundamental research. The organization identifies critical shortcomings in the new exemptions—especially the impracticality of nationality-based participation requirements and ambiguities in the definition of public domain information—that render the current framework of little practical use for international scientific collaboration. The proposed clarifications advocate for harmonized definitions of public domain and fundamental research, broader exemptions for accredited institutions, and the elimination of regulatory conflicts that threaten the intent of recent amendments. Overall, COGR's commentary aims to ensure that ITAR regulations fully support the open academic environment necessary for U.S. scientific leadership, while remaining compliant with export control objectives.
