Fundamental research refers to basic and applied research in which the results are typically published and shared broadly within the scientific community with no restrictions. This is separate from proprietary research, which is restricted and is not shared broadly for proprietary or national security reasons. The research that most WSU faculty members are involved in is considered fundamental research and is not subject to the export control regulations.<\/p>\n\n\n\n
However, any time there are sponsorship restrictions on the publication of scientific and technical information of a project or activity, the research is no longer fundamental and may be subject to export controls. The Fundamental Research Exclusion applies only<\/em> to the dissemination of research data and information, not<\/em> to the transmission of material goods.<\/p>\n\n\n\n Additionally, please note that physical goods, software, encryption, research with no intention to publish results, and\/or research conducted outside of the U.S. do not qualify<\/em> for the Fundamental Research Exclusion.<\/p>\n\n\n\n Even if you conduct basic research to which the Fundamental Research Exclusion typically applies, certain seemingly benign circumstances could make your work subject to export control regulations. Watch out for the following:<\/p>\n\n\n\n The definition of fundamental research looks not only to the nature of the work but also to whether or not there are any restrictions on publication of the results or participation in the project. Contract clauses, terms and conditions, or verbal agreements that forbid the participation of foreign persons, give the sponsor the right to approve publications resulting from the research, or otherwise restrict participation in the research or access to and disclosure of the results mean that a project is NOT fundamental research.<\/p>\n\n\n\n The Fundamental Research Exclusion does not permit the transfer of export-controlled materials or items abroad, even to research collaborators.<\/p>\n\n\n\n The Fundamental Research Exclusion applies specifically to results<\/em> <\/em>of research. However, \u201cInputs\u201d\u2014technology or information received from a third party\u2014remain export controlled. For example:<\/p>\n\n\n\n If you release technology or source code to a foreign national (no green card) in the U.S., and that technology is subject to the EAR, it is \u201cdeemed\u201d to be an export to the home country of the foreign national. As such, it may be controlled or prohibited. Be aware of situations that could result in the release of U.S. technology or software to foreign nationals:<\/p>\nCommon pitfalls<\/h2>\n\n\n\n
Restrictions on publication of results or participation in the project<\/h3>\n\n\n\n
Sharing information with research collaborators abroad<\/h3>\n\n\n\n
Sharing \u201cinputs,\u201d to your research, as opposed to just results<\/h3>\n\n\n\n
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It may be export controlled and should not be shared with foreign nationals without first conducting an export control review. <\/li>\n\n\n\n\n