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战斗力 鹅
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本帖最后由 Uaral 于 2026-3-26 03:20 编辑
这事单从法律上来说也是NeurIPS傻逼，作为OFAC制裁权威终极来源的IEEPA有个Berman amendment, (50 U.S.C. section 1702(b))，IEEPA是不能管制和禁止信息沟通和交流的（单纯接收论文，以及就论文所进行的沟通，肯定在这个amendment范围内）。NeurIPS就等着吃屎吧。
下面贴个全文：
50 U.S. Code § 1702 - Presidential authorities
...
(b)Exceptions to grant of authority
The authority granted to the President by this section does not include the authority to regulate or prohibit, directly or indirectly—
(1)any postal, telegraphic, telephonic, or other personal communication, which does not involve a transfer of anything of value;
(2)donations, by persons subject to the jurisdiction of the United States, of articles, such as food, clothing, and medicine, intended to be used to relieve human suffering, except to the extent that the President determines that such donations (A) would seriously impair his ability to deal with any national emergency declared under section 1701 of this title, (B) are in response to coercion against the proposed recipient or donor, or (C) would endanger Armed Forces of the United States which are engaged in hostilities or are in a situation where imminent involvement in hostilities is clearly indicated by the circumstances; or [2]
(3)the importation from any country, or the exportation to any country, whether commercial or otherwise, regardless of format or medium of transmission, of any information or informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds. The exports exempted from regulation or prohibition by this paragraph do not include those which are otherwise controlled for export under section 4604 [3] of this title, or under section 4605 [3] of this title to the extent that such controls promote the nonproliferation or antiterrorism policies of the United States, or with respect to which acts are prohibited by chapter 37 of title 18; or
(4)any transactions ordinarily incident to travel to or from any country, including importation of accompanied baggage for personal use, maintenance within any country including payment of living expenses and acquisition of goods or services for personal use, and arrangement or facilitation of such travel including nonscheduled air, sea, or land voyages.
...
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查了下资料，OFAC早在2004年就关于IEEE审稿的事情出过公告，确认IEEPA下的Berman amendment保证学术期刊评审不受IEEPA管辖。
https://home.treasury.gov/news/press-releases/js1295
OFAC Ruling Confirms Peer Review, Style and Copy Editing Consistent with the Berman Amendment
April 5, 2004
(Archived Content) FROM THE OFFICE OF PUBLIC AFFAIRS js-1295 The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) Friday issued a ruling to The Institute of Electrical and Electronic Engineers, Incorporated (IEEE) confirming that OFAC does not regulate the important peer review process, as well as the process of style and copy editing, with respect to scholarly papers submitted by authors in a Sanctioned Country. In a letter to IEEE, OFAC Director Richard Newcomb states that IEEE can participate in peer review and style and copy editing for purposes of publishing articles from a Sanctioned Country without the need for authorization from OFAC. “Today’s ruling makes clear that scientific communities in sanctioned countries may publish their works in U.S. scholarly journals,” said Newcomb. “This process is vital to promoting the free flow of information within the global community of scholarship.” The International Emergency Economic Powers Act (IEEPA) and the Trading with the Enemy Act (TWEA) are the principle statues that confer broad authority on the Executive Branch to implement economic sanctions and embargo programs. However, informational materials from countries subject to IEEPA (e.g: Iran, Libya and Sudan) and TWEA (e.g: Cuba) are exempt from regulation under the Berman Amendment. In September 2003, OFAC issued a ruling to the effect that IEEE’s use of peer review and style and copy editing may fall into the category of providing a ‘service’ for a Sanctioned Country, which is prohibited under IEEPA and TWEA if it resulted in substantive or artistic alteration or enhancement to the article by U.S. persons. OFAC requested additional information of these processes. After further consultations with IEEE, other members of the publishing community and the U.S. Department of State to develop a more complete understanding of those processes, OFAC clarified that IEEE’s use of peer review and style and copy editing is consistent with the Berman Amendment.
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发表于 2026-3-24 20:13
