Exclusions

Fundamental Research

The term 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.”  Harvard University’s research normally will be considered as fundamental research unless the university or its researchers accept sponsor restrictions on publication of scientific and technical information resulting from the project or activity.  Conducting fundamental research is key to maintaining an environment of openness in an academic setting. 

 

Fundamental Research Exclusion

 

The results of research performed as fundamental research as defined above are not subject to export control laws and regulations.  No license is needed to share these results, even if they relate to items or technologies that are otherwise controlled. This exclusion permits Harvard University to allow foreign members of their communities (e.g., students, faculty, and visitors) to participate in research projects involving export-controlled information on campus in the U.S. without the need for a license. However it does not permit the transfer of export controlled information, materials, or items abroad, even to research collaborators, except under very limited circumstances

 

The Fundamental Research Exclusion applies only to the dissemination of research data and information, not to the transmissions of material goods.

The Fundamental Research Exclusion is Destroyed If

 

The university accepts any contract clause that

 

  • Forbids the participation of foreign persons
  • Gives the sponsor a right to approve publications resulting from the research, or
  • Otherwise operates to restrict participation in research and/or access to and disclosure of research results

 

“Side deals” between a PI and Sponsor to comply with such requirements even though not stated in the research contract may destroy the fundamental research exclusion and expose both the PI and the School/University to penalties for export control violations and may violate university policies on openness in research.

 

More information about Fundamental Research can be found in the FAQ.

Fundamental Research

The term  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.” 

Fundamental Research Exclusion (FRE)

Fundamental research as defined above is not subject to export control laws and regulations.  This exclusion permits Harvard University to allow our international community (e.g., students, faculty, and visitors) to participate in research projects involving export-controlled information on campus in the U.S. without the need for a license. However it does not permit the transfer of export controlled information, materials, or items abroad, even to research collaborators, unless another exemption or exclusion is available.  Moreover, HSPH may lose eligibility for the exclusion if there are publication restrictions on the research.  Thus, in accepting an award, HSPH must be careful to avoid any publication delays beyond the standard review periods for sponsors and patents.

Publicly Available/Public Domain Exclusion

EAR: Publicly available technology and non-encryption software, such as information that is the subject of an open patent application, published in a book or periodical, released at an open conference anywhere, available on a website accessible by the public with no access controls or information that will be published is not subject to the EAR.

ITAR: Information which is already published and generally accessible to the public is not subject to ITAR.  Information that is available through books, periodicals, patents, open conferences in the United States, websites accessible to the public with no access controls, or other public release authorized by the U.S. government, is considered in the public domain.

Educational Information Exclusion

EAR: Release of information by instruction in catalog courses and associated teaching laboratories of academic institutions is not subject to EAR.

ITAR: Information concerning general scientific, mathematical, or engineering principles commonly taught in schools, colleges and universities is not controlled by ITAR.