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Compliance with Export Regulations and International Traffic and Arms Regulations (ITAR)


The response from federal sponsors to these arguments has been that the critical issue is not the use of the foreign nationals clause, but whether the University intends to comply with applicable export control laws and regulations.

The federal government must determine what data are sensitive and is the enforcer of regulations to protect unauthorized export of such data.  Therefore, a federal agency is well within its authority to require that foreign nationals at least be identified prior to the agency's disclosure of technical data to the University or prior to funding of projects which would generate export controlled technical data.  For a federal agency to do otherwise could be construed as an implicit authorization to export such data at least to foreign nationals involved with the research.

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