The Scientist, DAILY NEWS

October 4, 2005

US societies reverse rules on Iranians

One permanently ends its ban on Iranian authors, another installs a new one for students

By John Miller

Two American academic societies have reversed their policies toward Iranian scientists. One, the American Institute of Aeronautics and Astronautics (AIAA), has decided to no longer prohibit Iranian authors from publishing in its journals, while the American Concrete Institute (ACI) has decided to install a new ban barring Iranian students from taking part in an annual engineering competition they routinely enter each year.

Last month, the AIAA board of directors decided to permanently rescind the ban on publishing Iranian authors it had enacted in May. The organization had temporarily suspended the ban in June pending its September meeting. Susan Ying, a board member, told The Scientist that “most of the membership” opposed the embargo and many had complained about it since May. AIAA has more than 31,000 members worldwide and publishes seven journals, including the AIAA Journal, the Journal of Aircraft, and the Journal of Spacecraft and Rockets.

AIAA enacted the ban because the board feared it might be violating US embargo law, which prohibits Americans from trading with citizens of Iran, Cuba and Sudan. The ban effectively targeted only Iranians, because the AIAA has no Cuban or Sudanese members or authors, according to executive director Bob Dickman.

In September 2003, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) ruled that the little-known embargo law prohibited the Institute of Electrical and Electronics Engineers (IEEE) from editing manuscripts from all embargoed countries, leaving it with no choice but to publish them unedited or reject them.

Subsequently, a few other scientific societies stopped publishing Iranians after the IEEE decision out of fear that OFAC would also charge them with a crime. A consortium of academic publishers and societies led by theAssociation of American Publishers pressed OFAC for over a year to drop the embargo, but to no avail. Last October, the consortium sued the agency, and last December, OFAC reversed its decision, granting a general license to all US publishers to edit and publish material from embargoed nations.

Marc Brodsky, CEO of the American Institute of Physics and a central figure in the publishers’ lawsuit, told The Scientist that OFAC’s reversal means AIAA never needed to ban Iranian articles. “There’s nothing unclear about the OFAC regulations” on publishing, he said. IEEE’s president-elect Michael Lightner, a three-year veteran of that organization’s OFAC negotiations, agreed, saying that although he is not an expert on AIAA’s case, he thinks “there was no need for an embargo on their part.”

According to Ying, the AIAA board enacted its ban and rescinded it without ever discussing the fact that OFAC had settled the publishing issue last December. AIAA’s Dickman declined to comment other than to verify the ban’s revocation.

Last January, the American Concrete Institute (ACI) decided to ban Iranian students from taking part in its annual international student engineering competition after OFAC ruled that certification courses ACI had been offering to Iranian professionals were illegal, because they provided a service. Students from Cuba and Sudan were also banned from the competition, although none have entered the contest, according to William Tolley, ACI’S executive vice president.

Tolley told The Scientist that since his organization had never known it was violating OFAC’s rules until the agency began investigating, it decided to temporarily exclude Iranian students from the competition while it asked OFAC whether their participation was legal. However, Tolley said he has written to OFAC four times—most recently in September– and he still doesn’t have an answer.

Unfortunately, Iranian students didn’t learn they were excluded from the ACI engineering competition until this summer when they attempted to register, according to Fredun Hojabri, former president of the alumni association for Iran’s Sharif University of Technology.

Hojabri told The Scientist that the ban is particularly frustrating because over the past few years, Iranians have often won one, two or three of the top three places. “I would think interactions with championship Iranians would be very helpful to Americans,” AIP’s Brodsky said. “If we don’t want to learn from them, then so much the worse for us.”

Links for this article

American Institute of Aeronautics and Astronautics http://www.aiaa.org/

——————————————————————————–

To:           Bill Tolley

From:       Hojabri@aol.com

Subject:    ACI Policy

Date:         Tue, 27 Sep 2005

Dear Mr. Tolley:

Thank you very much for your clarifying response. As you mention conducting certification courses or conferences, are not permitted at this time in Iran. IEEE has the same policy. It will not organize conferences in Iran, but recognizes conferences organized by the IEEE Iran Section.

But to us, participation of Iranian students in competitions in US, if they are not awarded monetary prizes, is like participation in other conferences, and is permitted under OFAC ruling.

Regards,

Fredun Hojabri

———————————————————-

To:           Hojabri@aol.com

From:       Bill Tolley

Subject:    ACI Policy

Date:         Tue, 27 Sep 2005

 Mr Hojabri:

Thank you for you quick reply and the concerns you have expressed.

Like other U.S. Associations we have reinstated most relationships with Iran based on OFAC rulings.. However in the area Student competitions the OFAC has not issued the necessary ruling. In the area of Certification they have been clear that we can not offer certification in Iran at this time, and we expect to pay penalties for the certification course that was conducted.

I have not talked with anyone at IEEE lately but it was my understanding that they have been working very closely with the OFAC and have been instrumental in getting OFAC policy changed in some cases.

Sincerely

William R. Tolley
Executive Vice President
American Concrete Institute

————————————————–

To:           Bill Tolley

From:       Hojabri@aol.com

Subject:    ACI Policy

Date:         Tue, 27 Sep 2005

Dear Mr. Tolley:

Thank you very much for your response.

We believe that it was a mistake to stop participation of Iranian students first and then ask OFAC for its opinion. It would be much better if ACI had continued with its policy while waiting for OFAC’s opinion. As IEEE case showed, imposing restrictions in advance of any OFAC ruling can cause more harm.

All US professional organizations resumed their normal policies toward Iranian members after last year’s amended ruling of OFAC, acknowledging that academic information exchange is excluded from embargo; only exception remains money transfer to Iran.

FYI, the AIAA (American Institute of Aeronautics and Astronautics) that in May of this year also “based on OFAC’s ruling” passed a resolution restricting publication & participation of members from Iran to their conferences, after realizing the mistake, on September 1 cancelled the resolution and resumed normal relations to its Iranian members (see the following message of Mr. Bob Dickman, Executive Director of AIAA).

Right now ACI is the only US professional organization that has such a restrictive policy against its Iranian members in place, and I hope that this will end soon as well.

Regards,

Fredun Hojabri

———————————–

From:       Bill Tolley

To:           Hojabri@aol.com

Subject:    ACI Policy

Date:         Tue, 27 Sep 2005

Mr. Hojari  

I wish that I could report that the issues related to our student competition had been resolved but this is not the case. 

We have been in contact with the appropriate U.S. government agencies on three occasions since our spring convention and they have not issued a ruling. Our most recent follow up was made after we received you e-mail advising of Dr. Lightner visit and we received an immediate response that a decision had not been made.

Since there could be substantial financial penalties involved, we can not reinstate the Iranian students until we receive clarification form the U.S. government..

Please be assured that we will notify the Iranian Universities as soon as we receive a response from the appropriate government agency.

Sorry we can not get this issue resolved but it is beyond our control.

William R. Tolley
Executive Vice President
American Concrete Institute

————————————-

To:           Bill Tolley

From:       Hojabri@aol.com

Subject:    ACI Policy

Date:         We, 21 Sep 2005

Dear Mr. Tolley:

FYI, here is the report of the recent trip of Dr. Lightner, President 2006 of IEEE, to Iran.
I hope that meanwhile the question of participation of Iranian university students in ACI- conference and cement competition has been resolved to your satisfaction.

Regards,

Fredun Hojabri

——————————–

Facebook Comments

Comments are closed.