To: Science and Engineering Principal Investigators

From: Michelle D. Christy

Re: Export Control Restrictions in Research

Date: January 09, 2002

Over the last year or so, many federally funded contracts and some grants awarded by Department of Defense agencies, NASA, and some National Laboratories have included export control language such as ITAR (International Traffic in Arms Regulation) or EAR (Export Administration Regulation), that, if accepted, would deny foreign collaborators access to and participation in our research projects.  Under these terms, an "export" exists whenever a foreign national on U.S. soil (including faculty, students and collaborators at other institutions) may be exposed to or be able to access in any manner an export-controlled item or export-controlled information.  In addition to limiting access to certain individuals, all publications would require approval from the technical manager at the sponsor agency prior to releasing or publishing research results.  This includes, for example, submissions to journals or conference presentation.

In the past, these restrictions have applied only to classified research or projects involving commercialization of satellite research, which given the sensitive nature of these types of projects, and the effect they have on nation security, seems appropriate.  Because Princeton does not engage in classified research or participate in commercialization or development activities, we have worked to maintain the principles of academic freedom that provide general access to research projects and their results. ORPA's strategy has been to negotiate with the sponsor to delete this restrictive language or claim exemption under the "fundamental research" exclusion.  We have worked closely with Principal Investigators to explain the requirement, and how it might affect the project.

The URB has reviewed this recent action by the federal government and reinforced with ORPA that as a matter of policy the University cannot agree to accept such restrictions on access to research projects.  Since these terms and conditions are increasingly showing up in our awards, I wanted to take this opportunity to make you aware of the issue and urge you to notify your cognizant ORPA administrator of any specific announcement to which you plan to respond.  ORPA will request the appropriate exclusion at the time the proposal is being submitted.

Princeton continues to work with its governmental contacts to have these terms permanently removed from basic research awards.  In the meantime, we will have to live with this interim solution.  Please contact me or your ORPA representative with questions.

cc: B. Durkee
    A. Gutmann
    N. Wells
    Department Chairs
    Department Managers
    ORPA Administrators
    University Research Board
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John F. Ritter, Acting Director
Office of Research and Project Administration
Princeton University
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mchristy@princeton.edu