The Fundamental Research Exclusion provides that the information and software (except certain encryption source code) that result from fundamental research are outside the scope of EAR- or ITAR-controlled technical data, and may be disclosed to non-US persons without specific US Government authorization.
Fundamental research is defined as “basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community, as distinguished from research, the results of which are restricted for proprietary reasons or specific US Government access and dissemination controls.”
Consistent with its commitment to the free and open exchange of ideas, the University does what it can to ensure that its personnel are engaged in fundamental research outside the scope of the EAR and ITAR, but there are occasions when the exclusion does not apply. Confidential technical information received from an outside party, such as a government or industry sponsor, will generally not fall within the fundamental research exclusion.
In addition, restrictions on publication or personnel access are not consistent with the exclusion. Accordingly, before a researcher accepts export-controlled confidential technical data or agrees to publication or access restrictions, he or she must consult the export controls officer to assess the risks and develop an appropriate Technology Control Plan.
(Moreover, publication and access restrictions are contrary to Administrative Policy: Openness in Research, which provides that such restrictions may only be accepted on a case-by-case, exceptional basis.)