The document, produced by the Council on Governmental Relations (COGR) for a 2001 session on ITAR and export controls, addresses the tension between national security concerns and the protection of fundamental research in academic settings. It details National Security Decision Directive 189 (NSDD 189), issued in 1985, which excludes university-based fundamental research—the conduct and results of basic or applied research intended for the public domain—from export controls and thus ensures open participation and dissemination. However, subsequent legislative changes shifted jurisdiction over all satellite-related items and associated data from the Department of Commerce to the Department of State, bringing university research involving these areas under the stricter International Traffic in Arms Regulations (ITAR). This extension draws no distinction between unclassified, civilian-oriented research and military technologies, imposing access and dissemination restrictions on foreign nationals and requiring burdensome licensing and institutional registration that may conflict with non-discrimination laws and academic freedoms.
The document highlights the significant administrative and legal risks resulting from these changes, noting that university researchers now face potential fines and imprisonment for ITAR violations. This has led to self-censorship among faculty, restrictions on international collaboration, and increased contractual demands from government and industry partners. The State Department’s interpretation further extends ITAR coverage to related equipment and technologies, potentially impacting a broad range of research disciplines. The document underscores that ITAR’s definition of fundamental research diverges from that in NSDD 189, as ITAR only considers public domain research results—excluding hardware or processes—as exempt from export controls. Ultimately, the handout advocates for reaffirming the policies and definitions of NSDD 189 to restore appropriate exclusions for fundamental research, eliminate arbitrary restrictions, and ensure that university-based, unclassified, and non-military research is not unduly subject to export controls.
