What is the Fundamental Research Exclusion (FRE)?
Fundamental Research is defined by the National Security Decision Directive 189 (NSDD189) as “any basic or applied research in science and engineering, the results of which are ordinarily published and shared broadly within the scientific community…” In order to qualify as Fundamental Research, the research must be conducted free of any publication restrictions and without any access or dissemination restrictions. Research that qualifies as Fundamental Research is NOT subject to export controls as provided for under the federal regulations (15 CFR§734.8). It is critical to note that 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. Loss of the Fundamental Research Exclusion can quickly put your research in jeopardy of non-compliance with export controls.
Related Questions
- My research is exempt from export controls under the Fundamental Research Exclusion, can I ship items developed as part of that research overseas?
- I am doing basic research that includes field work done overseas; does my research qualify under the Fundamental Research Exclusion?
- What are the fundamental analytical tools & frameworks used in competitive intelligence?
