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DOD PROPOSES TO TIGHTEN RULES ON FOREIGN SCIENTISTS
The Department of Defense is proposing to tighten its contracting rules to restrict access by foreign nationals working in U.S. labs to information and technology that is export-controlled, a move that could wreak havoc in university research centers and elsewhere.
"Any access to export-controlled information or technology by a foreign national or a foreign person anywhere in the world, including the United States, is considered an export to the home country of the foreign national or foreign person," the proposed rule states. Accordingly, any such access must be restricted, or licensed, DoD contends.
The rule was published in the Federal Register on July 12:
http://www.fas.org/sgp/news/2005/07/fr071205.html
University administrators and others say the export control requirements, strictly interpreted, would be so onerous as to cripple many DoD-funded university research programs, where foreign nationals make up a large fraction of working scientists.
"To comply," explained reporter Yudhijit Bhattacharjee in Science Magazine today, "universities and companies working on defense projects would not only need licenses to enable foreign nationals to participate in the research but would also need to protect export-controlled information through an 'access control plan' that includes 'unique badging requirements for foreign nationals' and 'segregated work areas'."
Rather than adopt such practices, some university researchers say, they would decline DoD contracts.
The proposed rule follows on a March 2004 DoD Inspector General report which found that "DoD does not have adequate processes to identify unclassified export-controlled technology and to prevent unauthorized disclosure to foreign nationals."
See "Export-Controlled Technology at Contractor, University, and Federally Funded Research and Development Center Facilities," DoD Inspector General report, March 25, 2004:
http://www.fas.org/sgp/othergov/dod/igexport.pdf
A parallel move by the Department of Commerce to restrict so-called "deemed exports" has raised analogous concerns (Secrecy News, 05/02/05).
The Department of Defense is proposing to tighten its contracting rules to restrict access by foreign nationals working in U.S. labs to information and technology that is export-controlled, a move that could wreak havoc in university research centers and elsewhere.
"Any access to export-controlled information or technology by a foreign national or a foreign person anywhere in the world, including the United States, is considered an export to the home country of the foreign national or foreign person," the proposed rule states. Accordingly, any such access must be restricted, or licensed, DoD contends.
The rule was published in the Federal Register on July 12:
http://www.fas.org/sgp/news/2005/07/fr071205.html
University administrators and others say the export control requirements, strictly interpreted, would be so onerous as to cripple many DoD-funded university research programs, where foreign nationals make up a large fraction of working scientists.
"To comply," explained reporter Yudhijit Bhattacharjee in Science Magazine today, "universities and companies working on defense projects would not only need licenses to enable foreign nationals to participate in the research but would also need to protect export-controlled information through an 'access control plan' that includes 'unique badging requirements for foreign nationals' and 'segregated work areas'."
Rather than adopt such practices, some university researchers say, they would decline DoD contracts.
The proposed rule follows on a March 2004 DoD Inspector General report which found that "DoD does not have adequate processes to identify unclassified export-controlled technology and to prevent unauthorized disclosure to foreign nationals."
See "Export-Controlled Technology at Contractor, University, and Federally Funded Research and Development Center Facilities," DoD Inspector General report, March 25, 2004:
http://www.fas.org/sgp/othergov/dod/igexport.pdf
A parallel move by the Department of Commerce to restrict so-called "deemed exports" has raised analogous concerns (Secrecy News, 05/02/05).
