Defense Acquisition Regulation Supplement: Export Controlled Information and Technology

 

MEMORANDUM

TO: Deans, Directors and Department Chairs
FROM: Jacques S. Gansler, Vice President for Research
DATE: October 7, 2005

SUBJECT: Proposed Rulemaking "Defense Acquisition Regulation Supplement: Export Controlled Information and Technology" Federal Register, July 12, 2005 (70 Fed. Reg. 39976)

This past June I wrote to you requesting assistance in addressing a proposed export control rule published in the Federal Register by the Department of Commerce Bureau of Industry and Security that could impact you, your faculty, and the University as a whole. Today I write again, hoping that you will take equal, if not greater, interest in a proposed export control rule that could have a significant and detrimental effect on our ability to accept contracts from the Department of Defense.

This proposed rule will amend the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for preventing unauthorized disclosure of export-controlled information and technology under DoD contracts. The rule contains a new Subpart 204.73, "Export-Controlled Information and Technology at Contractor, University, and Federally Funded Research and Development Center Facilities," and an associated contract clause (DFARS Part 252.204-70XX). This is DoD's response to concerns raised by the Office of the Inspector General [OIG] for the Department of Defense in its 2004 report "Export Controls: Export-Controlled Technology at Contractor, University and Federally Funded Research and Development Center Facilities" [hereafter the "DoD Audit Report"].

The American Association of Universities and the Council on Governmental Relations institutions are urged to comment on this notice to document how the proposed rule would affect universities' research programs.

Because a significant number of responses will be necessary to ensure that DoD considers the potential ramifications of this proposed rule, I ask that you use the enclosed letter as a tool for submitting your personal commentary to DoD. Also enclosed are background documents, including the draft Council on Governmental Relations letter and the published proposed rule, for your reference.

Our University's president continues to take a lead role nationally to express concern with improper implementation of export control rules, and I hope that you are willing to participate by completing the attached letter and submitting it to DoD by October 12, 2005. Individual faculty who may be particularly impacted by these regulations should also be encouraged to use this format to write DoD. Comments can be submitted in writing or electronically at dfars@osd.mil.

Should you have any questions regarding export controls or require assistance, you may contact Alexandra A. McKeown, Assistant Vice President, at (301)405-6266.

Enclosed Documents