Fundamental Research Exclusion (FRE)

You may already know that the majority of university research will fall under the Fundamental Research Exclusion (FRE), but did you know of the important differences in the definitions among the three major export control regulations: OFAC, EAR and ITAR?

Under the ITAR the definition of FRE is basic and applied research in engineering and the sciences conducted at a U.S. institution of higher education where the results are published broadly among the scientific community. This FRE definition does not allow publication restrictions or dissemination access controls (restrictions on foreign nationals from participation).

Under the EAR, FRE is basic and applied research where the results are broadly published among the scientific or public community. Note that geographic location and locus of the organization are not restricted. Additionally, dissemination access controls will not usually trigger a need for a license as long as the organization follows the security controls of the contract or agreement. Publication restrictions are not allowed except for pre-review to remove proprietary information.

Under OFAC there is no FRE. However, there is an exemption for informational materials already in existence in the public domain. Also, OFAC has stated that there are no restrictions for persons from embargoed countries to participate in federally sponsored research as long as the foreign national agrees not to transfer the research information or technology to their home country through any means including electronic, hand carrying, or phone. It is recommended when using this guidance that a signed statement from the foreign national be obtained to insure their understanding of protecting the data or technology.

What Do Universities Export?

I get this question at every conference I attend since most of the audience at an export compliance conference are corporate export officers and not from academia. The answer - almost anything from technology prototypes, to biological materials, to field research in embaroged countries. This blog will attempt to answer many of the export control regulations questions that arise in an academic research community.