Aturan baru untuk peneliti asing bidang eksperimental di Amerika
Oleh : Suharyo
Senin, 25 April 2005 (23:32 WIB) dari IP 203.130.207.146

Seorang anggota kolaborasi D0 dari Univ. of Washington mem-post
pemberitahuan dari APS tentang kemungkinan diterapkan aturan baru
oleh
Departemen Perdagangan AS (DoC: Dept. of Commerce) yang memiliki
dampak
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
Department
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
feels
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
difference.

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,
high-end
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
extensive.)

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
balance
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
development.

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
student,
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
that
the relevant DOC office has the staff to handle about 800-1000
license
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
technology
workforce.

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
experimentalists
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
should
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 www.regulations.gov and
enter the
Key Phrase "Revision and Clarification of Deemed Export Related
Regulatory Requirements." You can also view the proposed new
regulation
at this site and note what a large effect changing an "and" to
"or" can
make.

Best regards,
Judy Franz
Executive Officer
APS

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