[GLIMS] GLIMS Update: U.S. law regarding China cooperation; GLIMS OK (see one exception)

Fri Jun 15 07:42:03 MDT 2012

Dear GLIMS colleagues: 
For those whom it may concern (U.S.-funded scientists working with Chinese scientists and institutions), there has been an authoritative set of clarifications of the impact the recent U.S. law that prohibits bilateral cooperation.  Details are below, but the short version is that so long as a project (a research paper, or the whole GLIMS project) retains a multinational (multilateral, not bilateral) nature, it is unimpeded by this law.  Prohibitions cover only bilateral cooperation (such as a research paper authored by only U.S.-funded scientists and Chinese scientists).  So it does affect us, but only in some specific types of engagements, and for the most part we are not tremendously affected; my advice to U.S. scientists having Chinese cooperators is simply to be sure that your work is multilateral, and you should be fine.  Beyond that, one may certainly question the wisdom of the law, but that's a different matter.
Chinese collaborators in GLIMS may still remain on the list for access to ASTER data at no cost, they may still contribute to the GLIMS glacier database, U.S.-funded users of the data may still access Chinese data in the database (of course Chinese investigators, too, retain access), U.S. funded and Chinese researchers may still work together and publish papers together so long as there is at least 3rd nation involved, and so on. 
I am not a lawyer and am not qualified to be relied upon for legal advice, but the case appears pretty clear to me. I consider the situation clarified and the issue has reached end of discussion.
Thanks to Mark Sykes, Max Bernstein, and Patrick Besha for divining the meaning of the law, and to the others for helping get to the bottom of it.
Sincerely,
Jeff Kargel

> From: patrick.besha at nasa.gov
> To: max.bernstein at nasa.gov; jeffreyskargel at hotmail.com; woody.turner at nasa.gov; mjabrams at jpl.nasa.gov; thomas.wagner at nasa.gov; jared.k.entin at nasa.gov; alvarezt at email.arizona.edu; maryg at email.arizona.edu; winter at email.arizona.edu
> CC: sykes at psi.edu; rlax at nsidc.org; braup at nsidc.org
> Date: Fri, 15 Jun 2012 08:18:41 -0500
> Subject: RE: Multi national author list implies multilateral project
> 
> I concur with Max's guidance. 
> 
> 
> Patrick Besha
> Office of International & Interagency Relations
> NASA Headquarters
> Washington, DC 20037
> Tel: (202) 358-2636
> Fax: (202) 358-3155
> ________________________________________
> From: Bernstein, Max (HQ-DA000)
> Sent: Thursday, June 14, 2012 10:20 PM
> To: 'jeffreyskargel at hotmail.com'; Turner, Woody (HQ-DK000); Abrams, Michael J; Wagner, Thomas P. (HQ-DK000); Entin, Jared K. (HQ-DK000); 'alvarezt at email.arizona.edu'; 'maryg at email.arizona.edu'; 'winter at email.arizona.edu'; Besha, Patrick (HQ-TG000)
> Cc: 'sykes at psi.edu'; 'rlax at nsidc.org'; 'braup at nsidc.org'
> Subject: Multi national author list implies multilateral project
> 
> Yes, the logic presumes that the authorship list is the best indicator of involvement, so co-authors from countries other than USA and PRC define it as multilateral.
> 
> Max
> Sent from Blackberry
> 
> From: Jeffrey Kargel [mailto:jeffreyskargel at hotmail.com]
> Sent: Thursday, June 14, 2012 06:42 PM
> To: Turner, Woody (HQ-DK000); Abrams, Michael J; Wagner, Thomas P. (HQ-DK000); Entin, Jared K. (HQ-DK000); Tomas Alvarez <alvarezt at email.arizona.edu>; maryg at email.arizona.edu <maryg at email.arizona.edu>; Larry Winter <winter at email.arizona.edu>; Besha, Patrick (HQ-TG000); Bernstein, Max (HQ-DA000)
> Cc: Mark Sykes <sykes at psi.edu>; Richard Armstrong <rlax at nsidc.org>; Bruce Raup <braup at nsidc.org>
> Subject: RE: GLIMS is not subject to the U.S. "no-bilateral China collaboration" law, as I understand
> 
> Woody, Max, and others,
> 
> OK, thanks for these clarifications.  There is one further thing: Would a NASA-funded research paper that involved, for instance, coauthors from China, U.S., Nepal, and India (i.e., multilaterally authored) (but there's no exchange of funds in any case) be acceptable?  I am thinking yes, because with 3 or more nations involved, it's multilateral, not bilateral....
> 
> --Jeff
> 
> 
> 
> 
> ________________________________
> From: woody.turner at nasa.gov
> To: jeffreyskargel at hotmail.com; mjabrams at jpl.nasa.gov; thomas.wagner at nasa.gov; jared.k.entin at nasa.gov; alvarezt at email.arizona.edu; maryg at email.arizona.edu; winter at email.arizona.edu; patrick.besha at nasa.gov; max.bernstein at nasa.gov
> CC: sykes at psi.edu; woody.turner at nasa.gov
> Date: Thu, 14 Jun 2012 17:50:47 -0500
> Subject: RE: GLIMS is not subject to the U.S. "no-bilateral China collaboration" law, as I understand
> 
> 
> Hi Jeff:
> 
> The exchange pasted below your e-mail with the NASA Science Mission Directorate’s Max Bernstein and Patrick Besha of the NASA Office of International and Interagency Affairs is what we currently have on record regarding Chinese participation in GLIMS.
> 
> 
> 
> Hi Max and Patrick:
> Can you confirm that Jeff’s understanding below in his 6/14/12 e-mail is correct?
> 
> Thank you,
> Woody
> 
> 
> 
> 
> 
> 
> 
> From: Jeffrey Kargel [mailto:jeffreyskargel at hotmail.com]
> Sent: Thursday, June 14, 2012 6:18 PM
> To: Turner, Woody (HQ-DK000); Abrams, Michael J; Wagner, Thomas P. (HQ-DK000); Entin, Jared K. (HQ-DK000); Tomas Alvarez; maryg at email.arizona.edu; Larry Winter
> Cc: Mark Sykes; GLIMS Mailing List
> Subject: GLIMS is not subject to the U.S. "no-bilateral China collaboration" law, as I understand
> 
> 
> 
> Dear all,
> 
> 
> 
> As one of my colleagues indicated, GLIMS (Global Land Ice Measurements from Space, www.glims.org) is a multilateral international consortium, and so the "no-bilateral-collaboration with China" law (passed by U.S. Congress, The Consolidated and Further Continuing Appropriation Act of 2012, Public Law 112-55, Section 539) does not pertain to GLIMS, so far as I understand.  Hence, I am not taking steps to restrict collaboration within the GLIMS project where China is involved as a multilateral partner.  Furthermore, the Chinese who are listed on the "free ASTER" list should remain eligible to receive ASTER imagery at no cost, like any other GLIMS partner, through their multilateral consortium ties to other GLIMS partners, including me (an ASTER Science Team member).  Thus, just as my colleague said, GLIMS is not affected by this law.  That is my best understanding, and I am proceeding accordingly; I'd like to assure my Chinese colleagues that they will continue to be recognized as partners in GLIMS and continue eligibility to receive ASTER data at no cost, and that no hinderances are involved with respect to this law.
> 
> 
> 
> Likewise, other American partners in GLIMS, such as NSIDC and the various GLIMS regional centers, should not be restricted in collaboration with China, so far as I understand, so long as the work is undertaken as part of the multilateral GLIMS project.  If I do not hear definitive and authoritative legal decisions going counter to what I say--specific to my particular case of the GLIMS project-- then I will take it as de facto agreement that my understanding is correct within the strict definitions of American law; likewise, American GLIMS partners should--in my opinion--take it as such.
> 
> 
> 
> Sincerely,
> 
> 
> 
> Jeff Kargel
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> From: Turner, Woody (HQ-DK000)
> Sent: Thursday, March 22, 2012 4:00 PM
> To: Bernstein, Max (HQ-DA000); kargel at hwr.arizona.edu
> Cc: Wagner, Thomas P. (HQ-DK000); Entin, Jared K. (HQ-DK000); Turner, Woody (HQ-DK000)
> Subject: RE: Question Re: No-cost ASTER listing for Chinese national
> Importance: High
> 
> 
> 
> Hi Jeff:
> 
> This readout through Max Bernstein from our NASA Office of International and Interagency Relations says that participation by Chinese folks in the international GLIMS effort is ok.  What would not be ok is for you to engage in specific bilateral activities (e.g.: joint research, a joint paper) with Chinese colleagues as part of your NASA-funded activities.
> 
> Best,
> 
> Woody
> 
> 
> 
> 
> 
> 
> 
> From: Bernstein, Max (HQ-DA000)
> Sent: Thursday, March 22, 2012 2:55 PM
> To: kargel at hwr.arizona.edu; Turner, Woody (HQ-DK000)
> Subject: FW: Question Re: No-cost ASTER listing for Chinese national
> 
> 
> 
> OK, looks good.
> 
> ------ Forwarded Message
> From: "Besha, Patrick (HQ-TG000)" <patrick.besha at nasa.gov<http://patrick.besha%40nasa.gov>>
> Date: Thu, 22 Mar 2012 13:39:54 -0500
> To: "Max Bernstein (W)" <max.bernstein at nasa.gov<http://max.bernstein%40nasa.gov>>
> Subject: Re: Question Re: No-cost ASTER listing for Chinese national
> 
> Max,
> 
> Yes, CAS may be allowed access to the public ASTER datasets maintained by NASA for GLIMS. However, we cannot enter into any bilateral agreement to provide such access.
> 
> patrick
> 
> 
> On 3/22/12 2:24 PM, "Bernstein, Max (HQ-DA000)" <max.bernstein at nasa.gov<http://max.bernstein%40nasa.gov>> wrote:
> 
> Patrick,
> 
> I don’t think that this one needs to be officially added to the list but I will describe and you let me know.
> GLIMS is an international consortium of folks who study glaciers and the question here is about access to Japanese data (i.e, data from a Japanese instrument on a US earth observing satellite). The data is public but folks who are not members of the consortium must pay whereas those in the consortium  get access for free. A NASA funded PI in the USA who is one of the organizers would like to request that access for a member of the Chinese Academy of Sciences. I would argue that its clearly multinational/multilateral and thus not subject to the China restriction but I wanted to check.
> 
> Max
> 
> 
> From: Turner, Woody (HQ-DK000)
> Sent: Wednesday, March 21, 2012 04:49 PM
> To: Bernstein, Max (HQ-DA000)
> Cc: Jeff Kargel-HWR-UA <kargel at hwr.arizona.edu<http://kargel%40hwr.arizona.edu>>; Turner, Woody (HQ-DK000)
> Subject: Question Re: No-cost ASTER listing for Chinese national
> 
> Hi Max:
> Jeff Kargel has been the lead for an ASTER (Japanese sensor aboard the NASA Terra spacecraft) activity involving the collection of imagery of glaciers around the world over time.  The activity is called GLIMS (Global Land Ice Measurements from Space) and was started under an old EOS award from NASA.  Under our arrangement with the Japanese, we are able to provide no-cost access to ASTER archival imagery for investigators working with NASA.  As the GLIMS lead, Jeff is requesting such access for a member of the Chinese Academy of Sciences (below).  Given the guidance on not working with China, can we still provide them access to these data through GLIMS?
> Best,
> Woody
> 
> 
> 
> From: Jeffrey Kargel [mailto:jeffreyskargel at hotmail.com]
> Sent: Wednesday, March 21, 2012 11:52 AM
> To: Turner, Woody (HQ-DK000)
> Subject: No-cost ASTER listing
> 
> Dear Woody,
> I have an application for listing to enable no-cost ASTER data access in support of the GLIMS project.
> 
> This person is a Chinese citizen and would like to take part in the GLIMS project.  I endorse the
> 
> application to the fullest extent permitted by U.S. law.  This would be in association with a NASA
> 
> funded GLIMS-related project (ASTER Science Team member project).  Applicant information follows.
> 
> 
> 
> First name: Qinghua
> 
> Last name:Ye
> Email address:yeqh at itpcas.ac.cn<http://yeqh%40itpcas.ac.cn>
> Phone number:+86 13810731251
> Institution:Institute of Tibetan Plateau Research (ITP),Chinese Academy of Sciences (CAS)
> Approximate number of scenes you anticipate downloading:80
> Geographic region(s) of interest: the Tibetan Plateau
> Thank you for your consideration of this request.
> Sincerely,
> Jeff Kargel
> 
> 
> 
> 

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