Information generated by the University as fundamental research will not be subject to disclosure restrictions and the University may treat it as being in the public domain. This means that it doesn't fall under export control regulations and the University may disseminate it to the researchers and others.
However, some protection must be provided for a third-party company which has provided information to be used, for example, in the development and fabrication of devices. If the information that the company wishes to keep restricted does not go to the intellectually significant portions of the research, then the University might need to enter into a non-disclosure agreement with the company about the export-controlled information.
Another issue that might arise is that the company may determine that it should get a license to disclose the information or technology to foreign researchers. In this case, it is the company's responsibility to obtain the export control license because it is the company's proprietary information or technology that is in question.
It is important to negotiate with the company about contract language that will ensure that the University-generated information is not made subject to export control regulations because the language is too restrictive. This will protect the University's ability to invoke the fundamental research exclusion.
Also, it is important to get language in the clause which places the burden on the company to clearly mark all export controlled (proprietary) information and technology that it intends to provide.
Below are links to some guidelines specific to contract language and it's use at UNM.
UNM Guidance for Contracts and Language:
Specific UNM Contract Clauses: