23 September 2003. Thanks to P.
Science Magazine
September 19 2003; vol. 301, pp. 1646
Owen Gaffney
Owen Gaffney was an intern in Science's Cambridge, U.K., office.
CAMBRIDGE, U.K.--One of the world's largest scientific societies has barred researchers in certain countries from publishing in its journals and receiving member benefits. The Institute of Electrical and Electronics Engineers says it has taken these steps against scientists in Iran and four other so-called rogue nations subject to U.S. trade sanctions to ensure that IEEE staff stay on the right side of U.S. law.
But other scientific organizations do not discriminate against scientists from these countries, leaving some observers to accuse IEEE of playing the rogue. "The IEEE's treatment of its members living in Iran and other embargoed countries has been a disgrace," says Ken Foster, a bioengineering professor at the University of Pennsylvania in Philadelphia and a former president of an IEEE chapter. "I see a shocking lack of transparency and ethical timidity on the part of the IEEE." IEEE President Michael Adler argues that his association's actions are prudent. "We must ... do what is necessary to protect the organization and its volunteers," he writes in an open letter to IEEE members to appear in next month's issue of IEEE Spectrum.
IEEE publishes 30% of the world's literature on computing, electronics, and electrical engineering and has 380,000 members in 150 nations. In January 2002, IEEE stripped members in Iran, Cuba, Iraq, Libya, and Sudan of certain benefits, including the use of the IEEE logo to promote activities, electronic access to publications, and access to job listings. (They still can receive print subscriptions.) Members from the five proscribed countries can attend IEEE conferences but only at a nonmember rate, IEEE says.
In September 2002--9 months after it imposed the restrictions--IEEE petitioned the U.S. Office of Foreign Assets Control (OFAC), which set the embargo policy, to confirm its stance "or at least issue us a license to permit these activities as an exception," Adler says. IEEE had not received a reply as Science went to press.
With 1700 IEEE members, Iran by far suffered the most. According to Fredun Hojabri, president of Sharif University of Technology Association, a nonprofit that represents alumni, faculty, and students of Iran's premier engineering university, the saga began when IEEE officials determined that they would violate OFAC sanctions if they proceeded with a conference in Iran. In a 14 January 2002 letter to IEEE members at the University of Tehran, then-president Joel Snyder wrote that "the IEEE can no longer offer full membership privileges or support activities" in Iran. Then, without notice, IEEE blocked Iranian members from accessing their e-mail accounts through IEEE.org, asserts Hojabri, a chemist.
Months of protest letters from Iran's engineering community have failed to sway IEEE. The institute declined to respond to questions from Science.
The issue boils down to the interpretation of the term "service" in the OFAC regulations. In an undated internal memo, Michael Lightner, IEEE's vice president of publications, states: "OFAC's position is that publication and formatting for publication is allowable but editing is not allowed. OFAC does not precisely define 'editing' so it is possible to prohibit much of our peer review and article preparation process." IEEE resisted this interpretation, according to Adler: "IEEE firmly believes that the peer review and editing of technical journal articles should be permissible under the current regulations." However, because failure to comply with OFAC regulations could trigger fines of up to $500,000 and up to 10 years in jail, IEEE opted to continue its restrictive policy to protect its staff.
Other scientific societies see things differently. A spokesperson for the American Geophysical Union, which has a dozen members in Iran, says AGU does not consider publishing to be a trade issue and "accepts paper submissions from anywhere in the world." The American Society of Mechanical Engineers echoes that view, as does AAAS, Science's publisher. "We do not put any restrictions on submission or publication of papers based on economic or other sanctions," says Monica Bradford, executive editor of Science.
IEEE's singular position is causing headaches for its leadership. In a 9 September letter to Hojabri, Gerald Alphonse, a candidate for IEEE-USA president, states: "I suspect that the IEEE could have better served its members by adopting a wait-and-see attitude instead of being proactive about those restrictive laws. This would have avoided the disenfranchising of many of our overseas members."
Lightner appears to have anticipated the furor. "Improperly understood or presented, [the policy] could cause ... concern," he wrote in the memo. "We are asking that distribution be limited to those with a direct need to know." With the containment strategy having gone bust, it will be up to IEEE's rank-and-file members to decide whether to support the policy itself.
In January 2002 the IEEE informed members residing in several sanctioned countries that their IEEE benefits would be restricted due to U.S. Treasury Department trade regulations administered by the Office of Foreign Assets Control. In response to numerous inquiries from members and others on this issue, 2003 President Michael Adler has written an open letter to members that will appear in the October issue of "IEEE Spectrum." Read an advance copy at
http://www.ieee.org/portal/cms_docs/newsinfo/Adlerletter.pdf
OPEN LETTER TO IEEE MEMBERS
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.
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