Fundamental research is defined as basic and applied research in science and engineering conducted within the U.S. where the resulting information is ordinarily published and shared broadly within the scientific community. Fundamental research can be distinguished from proprietary research and from industrial development, design, production, and product utilization, the results of which ordinarily are restricted for proprietary reasons or specific, national security reasons.
Research conducted by scientists and students at a university normally will be considered to be fundamental research and therefore exempt from the export control regulations as long as there are no access, dissemination, participation, or publication restrictions imposed by the sponsor.
University based research cannot be considered fundamental research and therefore cannot be exempt from the export control regulations if the university or the researchers accept restrictions on the publication of scientific and/or technical information resulting from the research activity.
The initial transfer of information from a sponsor to university researchers is subject to EAR if the parties have agreed that the sponsor may withhold from publication some or all of the information provided.
Fundamental research conducted outside the U.S. is subject to export controls as are shipments of certain tangible items, software or information outside the U.S.
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