ITAR Revisions for Export, Reexport Could Simplify Export Compliance, Universities Say
Proposed changes to the State Department’s defense export regulations, including a provision that would clarify definitions for “export” and “reexport,” received strong support from U.S. universities this month. The Association of University Export Control Officers said the proposed changes to the International Traffic in Arms Regulations will “make it simpler and more efficient for universities to remain compliant with” U.S. export regulations.
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AUECO said it especially supports proposed clarifications to the definitions of export and reexport, which could change how the State Department assesses releases of technical data to foreigners. Under the change, outlined in a February proposed rule (see 2202010014), releases of technical data to a foreign person would no longer count as an export to the country where that person held “former” citizenship or residency status, and instead would count as an export only to any countries in which the foreign person currently holds citizenship or permanent residency.
The change could greatly help with university export compliance, AUECO said. If the rule took effect, universities would “only require visibility of a foreign person’s current or most recent country of citizenship or permanent residence,” which “simplifies” compliance procedures.
“It is not always simple or efficient or possible, especially at large universities, to maintain detailed records of a foreign persons’ past citizenships or permanent residencies,” AUECO said, especially because some foreign students or faculty “have no concrete record” of their past residencies. “Allowing for the current or most recent citizenship or residency of a foreign person to be solely relevant for matters of export control simplifies our processes, helps to alleviate our concerns for possible missing or hard-to-find information on students or employees, and ensures an easier route toward compliance.”
Aside from helping the universities, AUECO said the change could also create more opportunities for foreigners to participate in ITAR-controlled research. There is a “large percentage” of foreign students, faculty and researchers “providing excellent intellectual contributions” to fields that are most controlled by the ITAR, the association said, including science, technology and engineering.
“It is in the best interest of the United States for American universities to be as internationally diverse, engaged, and competitive as possible,” the association said. “These proposed edits are therefore heartily supported in that they better help universities engage foreign nationals in ITAR-adjacent work, as well as better align with the universities’ approach to global diversity, equity, and inclusion.”
The change would also harmonize definitions in the ITAR with the Commerce Department’s Export Administration Regulations, AUECO said, which will help with training university staff. “We believe this is beneficial on all accounts, particularly in the realm of educating and training our researchers, colleagues, and faculty on U.S. export regulations,” the association said.
The State Department’s proposed rule would change language in its Canadian exemption and revise another exemption for certain transfers to dual or third-country nationals. The agency is accepting public comments until April 4.