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

Understand the constraints and requirements when exporting and licensing instruments for space research in fundamental research projects. Explore ITAR issues, defense services, technology export, and participant constraints. Learn about the Field Emitter Array (FEA) case and navigate through USML technologies, fundamental research exemptions, defense services, and publication needs for space instruments.

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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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