Fed. Govt and IEEE ban contributions to/from Cuba, Libya, Iran, Syria

Thu Oct 30 15:17:36 UTC 2003

Thought it might be useful to pass on a copy of a letter from the IEEE
President that was published in the last issue of "Spectrum"

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On Serving Members In Embargoed Countries 

In January of 2002, the IEEE took action to fulfill the U.S. Treasury
Department trade regulations administered by the Office of Foreign
Assets Control (OFAC). The IEEE informed members residing in several
sanctioned countries that they were not able to take advantage of member
benefits and services except for print subscriptions to IEEE
publications. The IEEE has received numerous inquiries from members and
others on this issue. In response, 2003 President Michael Adler offers
the following open letter. 

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Colleagues, 

I am writing this open letter to help IEEE members and our other
colleagues around the world understand the IEEE position regarding the
U.S. Department of Treasury's restrictions on serving members in
embargoed countries and how the IEEE Board of Directors is dealing with
this sensitive matter. 

This situation is now entering its third year. Stated concerns include
criticism of the IEEE's handling of this issue, including the suggestion
that the IEEE's actions have been arbitrary and in conflict with the
IEEE Code of Ethics. For those of you who are directly impacted because
you live in the embargoed countries, we understand that you are angry.
For those members who have taken the time to share their views, we
appreciate your concern. 

We do not like this situation either. The IEEE has been in contact with
OFAC to resolve these difficulties. Until now, we have made few public
statements on this matter. But given the slow pace of progress, it is
now more important than ever for the IEEE to speak out publicly on our
position. This message is a start. 

The IEEE believes in a world of unfettered exchange of scientific and
technical information for educational and research purposes. Last
February the IEEE Board of Directors voted to reaffirm its belief that
no government should restrict the right of scientists, engineers, or
academicians to exchange ideas and participate in scholarly activities
on a global basis. 

In an effort to uphold our beliefs, the IEEE is investing considerable
resources in aggressively trying to overcome the obstacles created by
the OFAC regulations. In September 2002, we met with OFAC to discuss our
concerns about the OFAC regulations and their impact on the IEEE. In
December, the IEEE took the necessary steps to clarify the OFAC
guidelines concerning our publishing activities. We stated the reasons
that the IEEE firmly believes that the peer review and editing of
technical journal articles should be permissible under the current
regulations. We have asked that they agree with our interpretation
outright, or at least issue us a license to permit these activities as
an exception. While we are optimistic that OFAC will see the logic of
our argument, they have not responded as of my writing of this letter,
even though they have had more than nine months to consider our
petition. It is important to note that our publishing activities are
only one of several issues that the IEEE must address as we pursue
resolution of this OFAC situation. The slow pace of the government's
response is very frustrating, but unfortunately beyond our control. 

While the IEEE works to uphold its beliefs, we must also do what is
necessary to protect the organization and its volunteers. OFAC
regulations clearly state that violations can result in fines and other
civil and criminal sanctions for the individuals involved and the
officers of the sponsoring organization. The determination of OFAC to
enforce its rules has been demonstrated on numerous occasions, with
fines being assessed to both corporations and individuals. The IEEE must
adhere to our obligation to abide by the laws of all the countries in
which it does business. To that end, one thing is clear: the IEEE will
continue to comply with U.S. laws. Our failure to do so would place the
IEEE at risk and would subject the organization to penalties from the
U.S. government that could dramatically affect our ability to service
our members worldwide. 

The IEEE will see this difficult issue through, no matter how long it
takes. In addition to current efforts, it may also be necessary to
assemble a coalition of other professional organizations and interested
parties to work and discuss these issues with the U.S. government in
order to make changes to the OFAC regulations. The IEEE Board of
Directors will consider this and other approaches in its ongoing
deliberations about how best to resolve the current situation. 

I am asking IEEE members, as well as our other colleagues, to support
the IEEE as we work to preserve the rights of its members and of the
scientific and technical community worldwide to engage in open scholarly
research and communications. It is only through our collective efforts
that we will be able to effect the necessary changes that will allow the
IEEE to provide all our services to those currently in the embargoed
countries. 

Sincerely, 
Michael S. Adler
2003 President 