AES

[Nicholas Bohm]

At 03:33 PM 8/9/1999 -0400, Nigel Hickson wrote:

>Ross and colleague 
>
>Re AES:  Many congratulations on being one of the chosen ones.  You make a
>good point re licences but I would have thought you would still have been
>exempted on the "research" exclusion.  

[snip]

For those interested, the research exclusion appears in the GTN as follows:

................................................

GENERAL TECHNOLOGY NOTE (GTN) 

(To be read in conjunction with section E of Categories 1 to 9.) 

The export of "technology" which is "required" for the "development",
"production" or "use" of goods controlled in Categories 1 to 9, is
controlled according to the provisions of Categories 1 to 9.  

"Technology" "required" for the "development", "production" or "use" of
goods under control remains under control even when applicable to
non-controlled goods.  Controls do not apply to that "technology" which is
the minimum necessary for the installation , operation, maintenance
(checking) and repair of those goods which are not controlled or whose
export has been authorised. 

Controls on "technology" transfer do not apply to information "in the
public domain", to "basic scientific research" or to the minimum necessary
information for patent applications.

................................................

The definitions include:

"Basic scientific research" (GTN NTN) means experimental or theoretical
work undertaken principally to acquire new knowledge of the fundamental
principles of phenomena or observable facts, not primarily directed towards
a specific practical aim or objective.

................................................

In the light of this, if it is still up to date, I would have thought
collaborative work on meeting the requirement for an AES was indeed
"primarily directed towards a specific practical aim or objective", and so
fell outside the research exclusion.

If so, Ross's point remains good.

Comments from Nigel (or anyone else) ?

Regards,

Nicholas Bohm

Salkyns, Great Canfield,
Takeley, Bishop's Stortford CM22 6SX, UK

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