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Export Control Issues: Working to Maintain Balance Among University Research, National Security, and Economic Interests
United States export control laws and regulations
(Export Administration Regulations (EAR), promulgated and enforced by the Department
of Commerce, and the International Traffic in Arms Regulations (ITAR), promulgated
and enforced by the Department of State) prohibit the disclosure of certain information
related to specific technologies, equipment and software for reasons of national
security, antiterrorism, regional stability, economic stability, nonproliferation
and other reasons ("Controlled Technologies").
Export control laws apply to all university disclosures of Controlled Technologies
unless the exclusion for "fundamental research" or "public domain information" applies.
It is becoming increasingly more difficult for university research to qualify
for an exclusion from US export control laws because agencies and industry sponsors
are insisting on the inclusion of contract provisions that disqualify universities
from claiming an exclusion; e.g., prohibitions on the participation of foreign
nationals or the publication of research results without prior governmental approval.
Not only do these trends threaten the ability of all students and faculty to
participate in research, they also violate the University of Maryland System
Policy on Classified and Proprietary Work. That policy mandates that instruction, research, and services will be accomplished openly and without prohibitions on the publication and dissemination of the results of academic and research activities
President Mote is in the forefront of university leaders who are striving to
maintain a balance among university research, national security, and economic
interests and to ensure this country's intellectual and scientific supremacy—the
true source of national security today.
President Mote is a member of the National Academy's of Sciences Committee on Prospering in the Global Economy of the 21st Century; the Association of American Universities Task Force on Export Control Policy, and the subcommittee of the Council on Competitiveness, National Innovation Initiative Leadership Council.
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