[CESG] Access to NASA AMES

[Shames, Peter M (312B)]

Mario,

You cannot "quickly read" these regulations.  They need to be carefully parsed.  You will have to read pages of the CFR, and interpret them with the aid of a lawyer AND an ITAR / EAR expert, to find and understand the specific sections that affect this.

Based on my own studies with a JPL ITAR / EAR expert, we have these US State Department and Commerce Department limitations to live with.  They constrain things we, as NASA people, can do and what we cannot do.  They control who can visit facilities and what they can see.  They control what we can discuss and who we can discuss it with.  It's out of our control.

And to be clear, as I understand it the issue is not that Mehran has German citizenship, it is that he still has Iranian citizenship.  If that is not the case then that should be clarified, but I believe that is the underlying issue in this situation.

Sorry I cannot be more help, but in this situation,  I believe that all of our hands are tied by these US federal laws.

Regards, Peter


From: Mario Merri <Mario.Merri at esa.int>
Date: Friday, November 2, 2018 at 10:11 AM
To: Peter Shames <Peter.M.Shames at jpl.nasa.gov>
Cc: CCSDS Engineering Steering Group - CESG Exec <cesg at mailman.ccsds.org>, CESG <cesg-bounces at mailman.ccsds.org>, "Margherita.di.Giulio at esa.int" <Margherita.di.Giulio at esa.int>, Wallace Tai <Wallace.S.Tai at jpl.nasa.gov>, Michael McKay <Michael.McKay at esa.int>, "Nicolas.Bobrinsky at esa.int" <Nicolas.Bobrinsky at esa.int>
Subject: Access to NASA AMES

Hi Peter,

you have added the following note to the CESG minutes on the issue that Mehran (and its entire WG) will not be allowed access to the NASA facility, which by the way is also outside the main NASA AMES, at the next CCSDS Technical meeting:

"NOTE: This is due to a US State Department embargo on visitors from certain countries to certain facilities, see (https://www.gpo.gov/fdsys/pkg/CFR-2012-title22-vol1/pdf/CFR-2012-title22-vol1-sec126-1.pdf)"

I quickly read through the CFR (Code of Federal Regulations) and, as far as I can see, this is not really relevant. It is regulating export of goods and arms to certain countries and representatives of those countries. I cannot see in this CFR any Department of State obligation on NASA denying access to a German citizen (with valid G4 visa released by the US authority) based on his place of birth being Iran. In addition, the document also clearly mentions a number of other countries and explicitly mentions China. While NASA has already confirmed that there is no restriction for Chinese members of CCSDS to access the site.

Could you please clarify?

Thanks,

__Mario



From:        "Shames, Peter M (312B)" <Peter.M.Shames at jpl.nasa.gov>
To:        "Margherita.di.Giulio at esa.int" <Margherita.di.Giulio at esa.int>, "Tai, Wallace S (9000)" <Wallace.S.Tai at jpl.nasa.gov>
Cc:        CCSDS CESG -- <cesg at mailman.ccsds.org>
Date:        02/11/2018 01:17
Subject:        Re: [CESG] CESG Meeting - draft MoM for your review
Sent by:        "CESG" <cesg-bounces at mailman.ccsds.org>
________________________________


Dear Margherita,



Please see attached file with my updates.  I followed the lead of my esteemed colleagues and just inserted my edits in their already modified text.



Thanks, Peter




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