The document summarizes the concerns of research universities regarding the March 31, 2004 Department of Commerce Inspector General (IG) report on deemed export controls and their impact on university research environments. The central issue arises from the IG’s interpretation that access and use of Export Administration Regulation (EAR)-controlled equipment by foreign nationals in U.S. universities, even for fundamental research, should be subject to deemed export licensing. Universities traditionally understood the EAR fundamental research exemption to permit such use without licenses; the IG’s contrary interpretation would require universities to scrutinize research activities closely, restrict access to certain equipment, and impose significant administrative burdens. This approach is seen as chilling to open research and education, risking both discriminatory treatment of foreign nationals and undermining the collaborative, international nature of U.S. higher education.
Additional concerns highlighted include the practicality and fairness of requiring universities to police the use and dissemination of controlled items and technical information, especially when such items may be widely available through commercial channels. The IG report also questions the application of current exemptions for published research and educational activities, suggesting more restrictive interpretations that universities view as unsupported by existing policy directives and detrimental to academic freedom. Further, the recommendation to base export licensing on all nationalities previously held by foreign nationals adds complexity and the potential for discriminatory practices. Collectively, these positions threaten to impair the U.S. university system’s openness, global competitiveness, and leadership in research and education.
