The document, produced by COGR for a session on ITAR and export controls, focuses on the NASA export control contract clause 1852.225-70 and its implications for contractors, particularly universities. The standard clause requires contractors to comply with ITAR and EAR regulations, obtain necessary export licenses for hardware, technical data, software, and technical assistance, ensure licensing before allowing foreign nationals' access to controlled data, maintain regulatory records, and flow down these requirements to subcontractors. The handout underscores concerns within the academic community about constraints on information sharing and foreign national participation in research. It clarifies that publicly available technology and fundamental research are generally excluded from export controls and highlights ambiguity in the current contract language, which could be misinterpreted to impose unnecessary licensing requirements on involving foreign nationals. The document proposes revising the clause for precision—requiring licenses only when controlled data is accessed by foreign nationals—and suggests alternative contract provisions, such as affirming the fundamental research exclusion or including termination rights should the research become subject to export controls. These adjustments aim to balance compliance with federal regulations and academic freedom in research environments.
Event Materials
