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    Aturan baru untuk peneliti asing bidang eksperimental di Amerika
    Oleh : Suharyo
    Senin, 25 April 2005 (23:32 WIB) dari IP

    Seorang anggota kolaborasi D0 dari Univ. of Washington mem-post
    pemberitahuan dari APS tentang kemungkinan diterapkan aturan baru
    Departemen Perdagangan AS (DoC: Dept. of Commerce) yang memiliki
    negatif pada riset eksperimental mahasiswa asing di AS. Inti dari
    rancangan aturan baru tersebut adalah penggunaan instrumen/fasilitas
    riset yang sensitif oleh mahasiswa asing memerlukan izin dari DoC.

    Berita buruk bagi calon mahasiswa fisika eksperimental jika aturan
    tersebut jadi diterapkan.

    Dear Chairs of PhD-granting Physics Departments,

    I am writing to alert you to a possible threat to research in your
    department and to urge you and your faculty to write to the
    of Commerce (DOC) in response to its "Advance notice of proposed
    rulemaking" published in the Federal Register on March 28, 2005. The
    notice calls for comments that must be received by May 27, 2005. As
    discussed below, the leadership of the American Physical Society
    this issue is so important that you should seek to provide thoughtful
    and accurate responses by your university administration, your
    department and individual faculty who might be affected by the
    recommended changes. We believe that your comments can make a

    The proposed rulemaking by the DOC is a response to recommendations
    presented by the Department's Inspector General. Implementation of
    these recommendations would cause two major changes:

    1) The operation of export-controlled instrumentation by a foreign
    national working in your department would be considered a "deemed
    export", even if that person were engaged in fundamental research.
    As a
    consequence, a license would be required for each affected foreign
    national (student, staff or faculty member) and for each export
    controlled instrument. Typical export controlled instruments are
    high-speed oscilloscopes, high-resolution lithography systems,
    computers and GPS systems. The situation is complicated by the fact
    that the list of instruments is different for each country.

    2) U.S. organizations would be required to apply for a deemed export
    license for students, employees or visitors who are foreign nationals
    (but not U. S. naturalized citizens or permanent residents) and have
    access to controlled technology if they were born in a country
    where the
    technology transfer in question would require an export license,
    regardless of their most recent citizenship or permanent residency.
    For example, transfer of technology to a Chinese scientist who has
    established permanent residency or citizenship in Canada would be
    treated, for export licensing purposes under the proposed
    guidelines, as
    a deemed export to a Chinese foreign national. (The list of
    export-controlled instruments for Chinese nationals is particularly

    The Department of Commerce officials who have the responsibility for
    developing new policies and practices in response to the Inspector
    General's recommendations are anxious to determine what the impact of
    implementing those recommendations would be. They must seek a
    between increases in national security that might result from the
    implementation of the new rules and the decrease in national security
    that would result from negative impacts to US research and

    In initial discussions by the APS Panel on Public Affairs (POPA)
    it was
    thought likely that consequences would be:

    a) research would slow down significantly due to the need to obtain
    licenses for each foreign national and, particularly, Chinese
    staff member, postdoc, or faculty member using export controlled
    instrumentation. We believe that a separate license would have to be
    obtained for each instrument. In this regard, it should be noted
    the relevant DOC office has the staff to handle about 800-1000
    requests per year. Present times to process a license request are
    typically 2-3 months.

    b) instruments would have to be secured to ensure that those who
    do not
    have the required license could not use them.

    c) the number of Chinese and other foreign national students would
    decrease markedly as their "second-class" status on campus became
    apparent, thus ultimately weakening the nation's science and

    d) the administrative costs of research would rise markedly.

    e) national security would ultimately be weakened as a consequence
    of a
    loss of leadership in economic and technology development.

    We urge you, therefore, to have faculty members who are
    respond to the DOC's notice by estimating, as accurately as possible,
    the impact on their research. This would involve a determination of
    which instruments are probably export controlled for each nation
    "represented" by foreign nationals in the laboratory. (The person
    responsible for export control administration in the institution
    be able to help with this.) You should then send the DOC either a
    comment from the department as a whole or, better yet, individual
    comments, which state the number and types of instruments
    involved, the
    number of students, staff or postdocs from each affected nation
    and the
    likely number of licenses to be requested if the recommendations are
    implemented. It would also be helpful if comments contained a brief
    description of the type of research performed in the laboratory.
    Estimates of the consequences of three months delays in research for
    each new foreign nation!

    You may regard this as rather burdensome, but it is our belief that
    implementation of the Inspector General's recommendations will be far
    more burdensome. Therefore, we hope that you will get every
    experimentalist to reply.

    To submit your comments, you can go to and
    enter the
    Key Phrase "Revision and Clarification of Deemed Export Related
    Regulatory Requirements." You can also view the proposed new
    at this site and note what a large effect changing an "and" to
    "or" can

    Best regards,
    Judy Franz
    Executive Officer


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