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IEEE & OFAC - Information Update

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In January 2002, IEEE informed members residing in Cuba, Iran, Libya and Sudan -- countries sanctioned by OFAC -- that, because of OFAC regulations, those members would not be able to take advantage of member benefits and services except for print subscriptions to IEEE publications. Certain aspects of publishing manuscripts submitted to IEEE publications also were affected by these regulations. After many months of discussions and providing information to OFAC, on 30 Sept. 2003, OFAC informed IEEE that most of the publishing activities are entirely "exempt" from the Iranian embargo rules but that IEEE could need a license for editing. On 6 Oct. 2003, IEEE appealed to OFAC to concur with our reasons for an exemption or to grant a license to enable IEEE to resume the normal publication process, including copy and style editing. IEEE's efforts were rewarded on 2 April 2004, when we received the decision that the entire scholarly publishing process was exempt from restrictions. IEEE gained additional ground in its ongoing mission to resolve embargo-related membership issues when OFAC agreed in May 2005 that IEEE could recognize its section in Iran -- which was formed in 1970 before embargoes were enacted -- as an official geographic unit of the IEEE, as long as IEEE did not provide funds or services. Details are below.  

Read the backgrounder provided by the IEEE Transnational Committee

 


9 May OFAC Ruling Helps Resolve Membership Issues

13 June 2005 -- In response to an inquiry submitted by IEEE in July 2004, OFAC has issued additional guidelines and clarified the following concerns: 

  1. IEEE may recognize the Iran Section, established in 1970 prior to any U.S. government sanctions, as an official geographic unit of the IEEE that may hold meetings, conferences and symposia as IEEE events. IEEE may send information and informational materials, but may not establish new units in Iran nor provide funds or services.
  2. IEEE may recognize members in Cuba, Iran and Sudan with certain non-cash prizes and awards. Restrictions and conditions vary by country.
  3. IEEE authors may collaborate and publish joint works with authors in embargoed countries. This applies to standards and standards development activities as well as IEEE publications and is officially permitted under a set of general licenses OFAC issued in December.

For complete details of this ruling, read the letter to IEEE from OFAC (PDF, 769 KB).

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IEEE Re-establishes Electronic Communication with Members in Embargoed Countries

 12 Oct. 2004 -- IEEE has completed changes to its computer systems that enable the organization to re-establish electronic communications with members in embargoed countries. Effective immediately IEEE members in Iran, Sudan and Cuba* will be able to access their IEEE publications subscriptions electronically through the IEEE Xplore delivery system at http://ieeexplore.ieee.org. In addition, members will be able to renew their IEEE membership, make changes to subscriptions and change contact information electronically. Members will need a Web account, which can be set up at www.ieee.org/webaccount. Individuals in these countries now also may join IEEE online, and those who may have let their memberships lapse may reinstate them by visiting the IEEE renewal site.

 IEEE members in embargoed countries also may be considered for various grades of membership. If members choose to organize locally, they may access any of the information or guidelines that are available on the web for all members

 However, IEEE continues to be limited by embargoes on sending funds to embargoed countries and in formally establishing local units. 

 “While these changes do not resolve all of the membership issues affected by the U.S. Department of Treasury’s embargoes, resuming electronic communication is a very important step forward,” said IEEE President Arthur Winston.

 *Editors note: U.S. embargoes against Libya were removed in September. 

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President Winston Addresses IEEE Board On OFAC Rulings

29 June 2004 -- At the IEEE Board of Directors meeting on 20 June 2004 in Kansas City, Mo., IEEE President Arthur Winston reviewed the situation regarding OFAC and verified that the 2 April 2004 ruling resolved IEEE publication issues. This was the first time the president had personally addressed IEEE leadership on this issue since receiving the OFAC ruling. He also reported that IEEE is now focusing its resources on an assessment of unresolved membership issues to determine those that may require further clarification from OFAC. One of these unresolved issues is the restrictions on scholarly collaboration. This concerns IEEE because it is a membership issue that transcends publication authorship and could be seen to inhibit a broad range of activities that are normally associated with participating as a member of a professional society. Winston also restated the Board resolution supporting the unfettered exchange of ideas and scholarly information passed in November 2002. “Resolved that the IEEE reaffirms its support for the right of scientists, engineers and academicians to exchange ideas and participate in scholarly activities on a global basis, especially in regard to our responsibility ‘to disseminate information on technical, scientific, professional and newsworthy topics of interest to members, the engineering and scientific community and the general public. Further, IEEE will continue to work with other professional societies and interested parties to safeguard these principles.”

 

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2004 IEEE President Arthur Winston Addresses OFAC Ruling in Message to Members

27 April 2004 -- The ruling IEEE received from OFAC in early April confirmed that IEEE peer review, editing and publication of manuscripts from authors in embargoed countries can be conducted free of U.S. government restrictions. This is significant progress, but it does not put OFAC concerns entirely behind us Read more from President Winston.

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IEEE Scores First Amendment Victory for Scholarly Publishing

5 April 2004 -- IEEE scored a victory for freedom of the press and the scholarly publishing community with the ruling it received Friday from the U.S. Department of Treasury Office of Foreign Assets Control (OFAC). The ruling exempts peer review, editing and publication of scholarly manuscripts submitted to IEEE by authors living in countries that are under U.S. trade embargoes, such as Iran and Cuba. OFAC determined that IEEE's publications process is "not constrained by OFAC's regulatory programs." Read the news release and the OFAC ruling (PDF, 295 KB). 

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IEEE Resumes Normal Process for Handling All Manuscripts

5 April 2004 -- The ruling received on 2 April confirmed the position IEEE had argued for over a year that its entire publishing process was exempt from OFAC regulations. Effective immediately, IEEE has resumed its normal publishing process for all authors.

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U.S. Congressman Berman of California Supports IEEE Position Against Need for License

8 March 2004 -- In a 3 March letter, U.S. Congressman Howard Berman of California asked OFAC Director R. Richard Newcomb to reconsider the decision to require a specific license for editing material for scholarly journals. Berman, author of the amendment to exempt information and informational materials from economic embargoes [Section 203(b) of the International Emergency Economic Powers Act] said that recent interpretations of the regulation are inconsistent with the letter and spirit of the law. Berman also called the interpretation reflected in the 30 September ruling to IEEE "patently absurd." Read the letter.

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OFAC Licensing Chief Addresses IEEE Summit of Scholarly Publishers

Washington, D.C., 11 Feb 2004 – In a meeting initiated by the IEEE, scholarly publishing leaders discussed critical issues about restrictions on articles submitted by authors in embargoed countries with a representative from the U.S. Department of Treasury's Office of Foreign Assets Control. The meeting was held on Monday, 9 February in Washington D.C. (more)

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