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1 Background
Pages 4-7

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From page 4...
... Export of "experimental, scientific, and research" satellite hardware, technical data, or assistance judged to be defense-related is not permitted with non-U.S. persons without approval or exemption by the State Department.
From page 5...
... 189, which established "national policy for controlling the flow of science, technology, and engineering information produced in federally-funded fundamental research at colleges, universities, and laboratories."  NSDD 189 defines fundamental research as basic and applied research in science and engineering, the results of which ordinarily are published and shared broadly within the scientific community, as distinguished from proprietary research and from industrial development, design, production, and product utilization, the results of which ordinarily are restricted for proprietary or national security reasons. It describes the policy for control of fundamental research as follows: It is the policy of this Administration that, to the maximum extent possible, the products of fundamental research remain unrestricted.
From page 6...
... Many university activities are considered to be fundamental research and thus are excluded from ITAR control; however, academic regulatory-compliance administrators and researchers alike still encounter problems with space-related activities because of the narrow and somewhat ambiguous conditions that enable research to be considered " ­ fundamental" and therefore excluded from licensing under ITAR. Several recent meetings and reports have indicated that some issues concerning university compliance with ITAR are still unresolved.
From page 7...
... The lack of comprehensive guidance in the ITAR application process, lack of clarity in the ITAR language itself, and delays and administrative costs associated with obtaining an ITAR license have caused many U.S. and foreign researchers to turn away from international partnerships.


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