Fundamental Research

Definitions

Fundamental Research

"Fundamental research" means basic and applied research in science and engineering, the results of which ordinarily are published and shared broadly within the scientific community, as distinguished from proprietary research and from industrial development, design, production, and product utilization, the results of which ordinarily are restricted for proprietary or national security reasons [NSDD189].

Public Domain and Publicly Available

Information that is published and generally available to the public, as well as publicly available technology and software, is outside the scope of the export control regulations.

Note: This does not apply to encrypted software, to information if there is reason to believe it may be used for weapons of mass destruction, or where the U.S. government has imposed access or dissemination controls as a condition of funding. (15 CFR 734.3 (b) and .7)

Public Domain (22 CFR 120.34) means information that is already published and that is generally accessible or available to the public:

1. Through sales at newsstands and bookstores;
2. Through subscriptions that are available without restriction to any individual who desires to obtain or purchase the published information;
3. Through second-class mailing privileges granted by the U.S. government;
4. At libraries open to the public or from which the public can obtain documents;
5. Through published patents;
6. Through unlimited distribution at a conference, meeting, seminar, trade show, or exhibition, generally accessible to the public, in the United States (per the ITAR) or anywhere (per the EAR);
7. Are released by instruction in a catalog course or associated teaching laboratory of an academic institution (under the EAR);
8. Are non-proprietary system descriptions (under the EAR);
9. Through public release (i.e., unlimited distribution) in any form (e.g., not necessarily in published form) after approval by the cognizant U.S. Government department or agency, including websites accessible to the public for free and without the host’s knowledge of or control of who visits or downloads the software and/or information (clearly acceptable under EAR and likely acceptable under ITAR); and
10. Through fundamental research.

Qualifications for the Exclusion

OSU research will not be deemed to qualify for the fundamental research exclusion if OSU or the OSU Investigator accepts any restrictions on the publication of the information resulting from the research, other than limited pre-publication review by research sponsors to ensure that proprietary information is not inadvertently disclosed in publication or to ensure that the publication will not compromise the patent rights of the sponsor.

However, if the research is federally funded, and provided that all government-imposed national security controls have been satisfied and the researchers are free to publish the “technology” or “software” contained in the research without restriction, the research then qualifies as "fundamental research."

Important Note: Remember the Fundamental Research Exclusion: it applies only to the dissemination of research data and information, not to the development or transfer of commodities.

The following may not qualify for the Fundamental Research Exclusion:

• Technology
• Software
• Encryption

The following never qualify for the Fundamental Research Exclusion:

• Research when there is no intention to publish the results
• Research that includes foreign national restrictions
• Commodities (Any article, material, or supply except technology and software per 15 C.F.R. 772)