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Frequently Asked Questions (FAQs) concerning Academic Institutions
Q: What is this 'fundamental research exemption' that I have heard about?
A: Research performed where the resulting information is ordinarily published and shared broadly within the scientific community is normally considered to be "fundamental research" and may qualify for an exemption from licensing requirements under the EAR. Research conducted by scientists, engineers, or students at a university normally will be considered fundamental research, subject to specific rules that are used to determine whether research in particular institutional contexts qualifies as such.
Q: How do I determine if I am eligible for the "fundamental research" exemption?
A: Paragraphs (b) through (d) of §734.8 and §734.11 of the EAR provide specific rules that will be used to determine whether research in particular institutional contexts qualifies as "fundamental research."
Q: Are there items that are explicitly exempt from licensing requirements under the EAR?
A: Yes: (1) Information resulting from fundamental research; (2) data released orally or visually at open conferences, lectures, trade shows or other media open to the public; (3) publications that may be publised at nominal cost or are readily available at public libraries; (4) patents available at any patent office; and (5) dissemination of educational information by instruction in catalogue courses and associated laboratories in academic institutions are all exempt from export licensing requirements under the EAR. |
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