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.
