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Fundamental
Research
"'Fundamental research' means basic and applied research in science
and engineering, the results of which ordinarily are published and shared
broadly within the scientific community, as distinguished from proprietary
research and from industrial development, design, production, and product
utilization, the results of which ordinarily are restricted for proprietary or
national security reasons." -
National Security Decision Directive 189 (NSDD)
Under ITAR, university research will not qualify as fundamental research if:
The institution accepts any restrictions on the publication of the information
resulting from the research, other than limited prepublication reviews by
research sponsors to prevent inadvertent divulging of proprietary information or
to insure that publication will not compromise patent rights of the sponsor; or
The research is federally funded and specific access or dissemination controls regarding the
resulting information have been accepted by the university or the researcher.
EAR Part 734.6 - "Assistance available from
BIS for determining licensing and other
requirements" and EAR Part 734.7 - "Published
information and software" explain a little more
about how to identify whether a commodity,
software, technology or activity is subject to
export controls under the EAR.
Non-Disclosure Agreements and Confidentiality Agreements are
permissible as long as they are outside of the research program
and do not affect the intellectually significant portions of that research.
The disclosure restriction must not affect the ability to publish the research
results.
Confidential or proprietary information subject to a Confidentiality or
Non-Disclosure Agreement (NDA) is covered by export
controls and you may be required to obtain a license.
What is the fundamental research exclusion for universities?
Fundamental research does not require an export license. Even if an item appears on one of the lists of controlled technologies, generally there is an
exclusion for fundamental research:
- As long as there are no restrictions on
publication of the research or other restrictions on dissemination of the
information or, in some cases,
- As long as the research or information is made public or is intended to be made public.
It should be noted that the Fundamental Research Exemption applies only to
the dissemination of technical data and information, not to the transmission of
material goods. The exemption is more broadly interpreted under the EAR than
under ITAR.
Last updated 04-9-08
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