The handout from the Council on Governmental Relations (COGR) session in February 2001 addresses concerns regarding the impact of expanded export controls, specifically the International Traffic in Arms Regulation (ITAR), on fundamental research at universities. It references National Security Decision Directive 189 (NSDD 189), which affirms that unclassified, fundamental research intended for public dissemination should remain free from access and dissemination restrictions, emphasizing classification as the appropriate method for regulating sensitive information. However, the transfer of jurisdiction over satellites, related equipment, and associated data to the State Department has subjected a broad array of space-based academic research to ITAR, treating it similarly to military technology. This regulatory expansion imposes onerous requirements on universities, such as registering as defense service providers and obtaining individual licenses for foreign researchers—obligations that conflict with university policies promoting open research and nondiscrimination.
The document outlines the practical and ethical dilemmas arising from this situation, including the chilling effect on international academic collaborations and conference participation, the need for background checks, and the risk of institutional penalties for violations. Furthermore, it criticizes ITAR’s narrower definition of fundamental research, which protects only published data and not the associated research processes or tools, diverging from NSDD 189’s broader protections. The handout calls for the reaffirmation and clarification of NSDD 189 to ensure that ITAR does not impede unclassified, non-military university research, thereby preventing inappropriate barriers and discriminatory practices against international scholars in the academic community.
