According to 15 CFR 734.8 of the EAR and 22 CFR 120.34 of the ITAR -
What is 'fundamental research'?
- Fundamental Research is basic and applied research in science and engineering:
- the results of which are ordinarily published, and
- shared broadly within the scientific community
What is NOT fundamental research?
- Research that is proprietary (e.g., developed for commercial purposes, not for mass dissemination)
- Research for industrial development, design, production, or product utilization
- Research conducted outside the U.S.
- Research activities that constrain the dissemination of results by the application of access restrictions, participation restrictions, or publication restrictions
- Accepting any of these restrictions in grants, contracts, or research agreements can destroy the Fundamental Research Exclusion ("FRE")
- Agreeing to conditions that permit sponsors the ability to review and approve publications or control access to the project or results
- Physical shipments (exports) of tangible items
- Encryption technology and restricted or access-controlled software
- Such software must be:
- freely downloadable by all interested members of the scientific community
- at no charge, and
- without VUMC's knowledge by whom or from where the data is being downloaded
- This means no login requirement, password, or authentication process (the government could view a login or authentication requirement as an an access control)
- Such software must be:
Image courtesy: BIS
What is the Fundamental Research Exclusion ("FRE")?
If your research meets the definition and scope of Fundamental Research, as stated above, that specific project or program then qualifies under a provision known as the FRE, and is therefore excluded or exempt from being subject to U.S. export controls, as provided under 15 CFR 734.8(a) of the Export Administration Regulations.
To assist in helping you determine the FRE applicability to your research, please answer the questions in the chart below:
