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Fundamental Research and Other Exclusions
Most research, clinical, educational, and service activities at UMB are excluded from export controls because they fall under the Fundamental Research Exclusion or other exclusions.
The fundamental research exclusion exempts basic and applied research in science and engineering performed by institutions of higher learning in the U.S. from export controls, as long as the research is carried out openly and without restrictions on publication or access to or dissemination of the research results.
Thus, no license is required to disclose to foreign persons information that is "published and which is generally accessible or available to the public through fundamental research in science and engineering at universities where the resulting information is ordinarily published and shared broadly in the scientific community."
UMB fiercely protects its investigators' rights to publish and cannot, by policy, agree to publication restrictions. The fundamental research exclusion will be lost if a researcher agrees to any "side-deals" allowing sponsors the ability to review and approve publications or to control access to the project or project results.
If your research includes work done outside the U.S., it may not qualify for the fundamental research exclusion. This does not automatically mean that export licenses will be required, but it does mean that an export control determination needs to be made before the work begins.
While research results developed or generated under the fundamental research exclusion are exempt from export controls and can be freely shared with foreign nationals both here and abroad, any materials, items, technology, or software generated as a result of the research ARE NOT exempt from export controls. Before shipping or taking any item abroad, an export control review needs to be conducted to determine if an export license is required to take or transfer the item.