Export Control and Research – Why is it Necessary?
Export regulations apply to all Lab activities, including Research, which may involve the exchange of controlled technology (in whatever form) with foreign persons (individuals and entities) wherever located (U.S. or abroad).
There are some notable but limited exceptions like publicly available information and the Fundamental Research Exclusion (FRE). Although the FRE provides significant protection from export regulations for those conducting fundamental research intended for publication, it is a narrow exclusion which only applies to research results in technical data form (e.g. publications, reports).
Any proprietary information and all tangible items required to perform the research (e.g. samples) or which represent the outputs of the research (e.g. prototypes) do not benefit from the FRE. Also, the Lab engages in activities other than research, including those necessary and incidental to the operation of any large organization, for which the FRE does not apply.
Other Lab Activities Where Export Controls may Apply Include but are not Limited to:
- Foreign Travel
- Foreign Visitors
- International Shipping
- Procurement and Property Management
- Publications and Software Releases
- Receipt or Generation of Confidential, Sensitive, or Proprietary Information
- Research Collaborations: Here and Abroad
- Research Staff, New Hires and Interns