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GAO-02-529R 1 (2002-04-08)

handle is hein.gao/gaobaalyh0001 and id is 1 raw text is: 


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       Accountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548


         April 8, 2002

         The Honorable Claude M. Bolton Jr.
         Assistant Secretary of the Army for
         Acquisition, Logistics and Technology

         Subject: Export Control: Army Guidance on Cooperative Research and
                    Development Agreement Compliance with Export Control Laws and
                    Regulations

          Dear Mr. Secretary:

          We recently completed a review of cooperative research and development
          agreements (CRADA) at two Army laboratories: the Army Research Laboratory
          located at Adelphi, Maryland, and the Army Medical Research Institute of Infectious
          Diseases located at Fort Detrick, Maryland.! This work was part of a larger review
          we undertook at the request of the chairman of the Subcommittee on National
          Security, Veterans Affairs, and International Relations of the House Committee on
          Government Reform. We examined a sample of CRADAs at various federal
          laboratories to determine, among other things, whether federal agencies and
          laboratories were complying with export control laws when entering into CRADAs.

          Based on our work at the two Army laboratories, there is a need for the Army to
          clarify its guidance on technology transfers to ensure compliance with U. S. export
          control laws during the management review of potential CRADAs. Also, each Army
          laboratory needs to ensure that the results of such reviews are documented in the
          CRADA files.

          Army Regulation 70-57, Military-Civilian Technology Transfer, states that at each
          laboratory, managers at all levels need to ensure that technology transfer activities do
          not conflict with export control regulations and policies governing militarily critical
          technology. However, the regulation is not specific on steps needed to ensure
          compliance with these regulations and policies. Further, it does not reference

          'A cooperative research and development agreement is a written agreement between a federal
          laboratory and a non-federal partner to conduct specific research development efforts that are
          consistent with the laboratory's mission. Under such agreements, the non-federal partner agrees to
          provide funds, personnel, services, facilities, equipment, or other resources needed to conduct a
          specific research effort while the federal government agrees to provide similar resources but not funds
          directly to the partner. The Federal Technology Transfer Act of 1986 authorized government-owned
          government-operated federal laboratories to enter into such agreements with private industry, and
          other governmental and educational entities. The National Competitiveness Technology Transfer Act
          of 1989 extended this authority to government-owned contractor-operated laboratories.


GAO-02-529R Export Control

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