Commerce Advisory Committee to Oppose Research Restriction

In a victory for university researchers nationwide, an advisory committee to the U.S. Commerce Department will recommend against imposing previously proposed restrictions on research by foreign students, according to a member of the group.

“The Commerce Department rule that was proposed is not one we are going to be endorsing,” said Louisiana State University Chancellor Sean O’Keefe, who sits on the committee.

The suggested change concerned “deemed exports”—the use of sensitive technology, such as advanced encryption software, by foreign nationals—and would have increased licensing requirements for foreigners conducting science and engineering research on American campuses.

O’Keefe declined to discuss the recommendations in greater detail, citing a desire to “give the Commerce Department an opportunity to comment on it.”

The Commerce Department has not yet received the report, according to Mario Mancuso ’91, the under secretary of commerce for industry and security.

Mancuso said the U.S. government has been committed to working with all stakeholders in formulating the policy.

“We know there are real risks of having those technologies transferred to other countries,” he said. “But we also know the vast number of students working in industry and at universities contribute a great deal to our country economically in terms of pure research. There’s a real interest in being judicious in these issues.”

Mancuso said he had not yet seen the report and declined to comment on its contents until it was delivered.

The Department’s proposal two years ago to expand the definition of the “use” of controlled technology and to base licensing decisions on place of birth rather than country of citizenship drew strong opposition from Harvard and other research universities.

“It sent shock waves across lots of sectors, including the higher education sector,” said Kevin Casey, the University’s senior director for federal and state relations. “We thought that what the proposed regulation was driving towards would really change the academic climate.”

In response to hundreds of objections filed by leaders in industry and academia, the Commerce Department withdrew the rule and formed the advisory committee to review “deemed export” policies.

O’Keefe said he hoped the government would adopt the committee’s recommendations.

“That’s our firmest hope,” he said. “We’ve invested the better part of the year talking to people around the country. We’re hopeful they’ll take that seriously.”

—Staff writer Clifford M. Marks can be reached at cmarks@fas.harvard.edu.