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Instruments for Space Research - Fundamental Research Washington, D.C.

Instruments for Space Research - Fundamental Research Washington, D.C. Mitch Goodkin Assistant General Counsel Special Counsel to Division of Research Development and Administration University of Michigan. Instruments for Space Research.

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Instruments for Space Research - Fundamental Research Washington, D.C.

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  1. Instruments for Space Research - Fundamental ResearchWashington, D.C. Mitch Goodkin Assistant General Counsel Special Counsel to Division of Research Development and Administration University of Michigan Export & Licensing Requirements for Space-Based Programs

  2. Instruments for Space Research In a fundamental research project, when do participation constraints kick in with respect to instruments for space research? Export & Licensing Requirements for Space-Based Programs

  3. Instruments for Space Research Note Distinctions: • Instrument is the research -New instrument technology -Need known targets to detect/measure • Instrument for research support -Known/proven instrument technology -High probability instrument will work -Unknown quantities to detect/measure Export & Licensing Requirements for Space-Based Programs

  4. Instruments for Space Research ITAR Issues: • Defense Services for foreign participants (Activities) -Even if using publicly available information • Technology export to foreign participants - Actual and Deemed (Information) -Public Domain Exclusions -Fundamental Research results -Other publicly available information Export & Licensing Requirements for Space-Based Programs

  5. Instruments for Space Research Fundamental Research: -Basic and Applied -At accredited institution of higher learning -In the U.S. -Resulting information -ordinarily published and shared broadly -within the scientific community Export & Licensing Requirements for Space-Based Programs

  6. Instruments for Space Research Case: Field Emitter Array (FEA) Project -Evaluate field emitter array technology for charge stabilization in spacecraft environment -Foreign students, including PRC -Design & build devices to test in space -Design & build instruments to do testing -No restrictions on publication; expected to publish Export & Licensing Requirements for Space-Based Programs

  7. Instruments for Space Research FEA Case continued: Demonstrate ability of FEAs to -Move charge away from spacecraft -Operate in ionosphere & in presence of shuttle out-gassing & effluents Export & Licensing Requirements for Space-Based Programs

  8. Instruments for Space Research FEA Case: Instruments • Control & monitor FEAs • Monitor ambient plasma conditions to -evaluate effect of plasma on FEA emissions -evaluate effect of FEA emissions on plasma Export & Licensing Requirements for Space-Based Programs

  9. Instruments for Space Research FEA Case: -Opinion request to DOS re defense services -Info supplied to DOS included that doing instruments -DOS opinion: Fundamental Research, no violation and no license required Export & Licensing Requirements for Space-Based Programs

  10. Instruments for Space Research FEA Case: • New USML technology for space use • Known instrument technology • No apparent reason opinion would not apply to any item on USML • Alternate opinion would make FR exclusion essentially meaningless See: Goodkin, Mitchell A., “Under the International Traffic in Arms Regulations, Fundamental Research Overrides Defense Services,” The Journal of College and University Law, Vol. 33, No. 1, p. 179. Export & Licensing Requirements for Space-Based Programs

  11. Instruments for Space Research Participant constraints if FR Project • Instrument for research project • Deemed export - No (Public info &/or FEA case) • Defense service - No (FEA Case) • Instrument is the research • Deemed export - No (results of FR) • Defense Service - No (FEA Case) Export & Licensing Requirements for Space-Based Programs

  12. Instruments for Space Research Loose Ends - what/how much: • Public Domain - Already known • Fundamental Research -Ordinarily published Perhaps borrow from patent law Export & Licensing Requirements for Space-Based Programs

  13. Instruments for Space Research Already known --- Obvious • Consider known if as a whole the technology is obvious to someone of ordinary skill in the art • Include combining known elements -Sensor + readout -Existing lab technology, beefed up for space Export & Licensing Requirements for Space-Based Programs

  14. Instruments for Space Research FR publication needed? - Enabling • Describe enough to enable someone of ordinary skill in the art to implement the instrument for the space application without undue experimentation • May be enough to just state type of instrument - voltmeter, gamma detector. Export & Licensing Requirements for Space-Based Programs

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