The Association of University Export Control Officers (AUECO), supported by the Council on Government Relations (COGR), responds to the U.S. Department of State’s proposed revisions to the International Traffic in Arms Regulations (ITAR) related to defense services. AUECO generally welcomes the increased clarity and reduction of redundancies in the definitions and controls, noting that such changes are beneficial for the regulated university community, particularly as they relate to academic research and international collaborations. However, AUECO expresses concerns about ambiguous elements that may impact a variety of academic activities, and urges the Directorate of Defense Trade Controls (DDTC) to further clarify and expand guidances in several key areas, including technical data handling, intelligence activity definitions, and the thresholds for what constitutes a defense service.
Specifically, AUECO calls for greater clarification regarding the application of amendments under paragraph 120.32(a), confirmation on repair and maintenance activities for items subject to the EAR, and more precise definitions within proposed Category IX(s)—especially regarding “intelligence activities,” “proxy or agent,” and “compensation”. The organization recommends that carve-outs for defense service exclusions be broadened to include routine academic activities and non-STEM disciplines, minimizing unnecessary regulatory burdens on low-risk educational and research endeavors. Such clarification and expansion of exclusions would, in AUECO’s view, better align ITAR with both national security objectives and the operational realities of academic institutions, while safeguarding academic freedom and reducing unnecessary compliance workload for both the academic community and regulatory authorities.
