fundamental research

What controls in government-sponsored research nullify the “fundamental research exclusion?”

If the U.S. Government funds research and specific controls are agreed on to protect information resulting from the research, then information resulting from the project will not be considered fundamental research. Such controls are usually contained in contractual clauses. Examples of "specific controls" include requirements for prepublication “approval” by the Government; restrictions on dissemination of information to non-U.S. citizens or other categories of persons; or restrictions on participation of non-U.S. citizens or other categories of persons in the research.

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Export Control Exclusions and Implications

Export Control

Does a sponsor request to “review” a publication prior to distribution nullify the fundamental research exclusion?

No, this kind of review, even when requested, is considered a courtesy rather than a restriction. If the award required "review and approval" it is considered a restriction as this language implies the potential of denying approval to publish or requiring changes to the report, presentation, or article prior to publication. A publication approval requirement would nullify the fundamental research exclusion.

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Export Control Exclusions and Implications

Export Control

What if a sponsor begins providing export-controlled information or technology to a project previously determined to be fundamental research?

This action is an indication that the direction of the research or some other factor has changed the project in some way to render the export control regulations applicable to this project and that, more than likely, the researcher’s work will now be export controlled. Contact Export Control before continuing work on the project to re-evaluate for export control protocols.

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Export Control Exclusions and Implications

Export Control