Technology and software information that is already published or will be published is not subject to export controls. Information is “published” when it becomes generally accessible to the interested public in any form, including:
A license is not required to release to foreign nationals information that qualifies as “fundamental research”. Fundamental research is defined as basic and applied research in science and engineering conducted at accredited U.S. institutions of higher education where the resulting information is ordinarily published and shared broadly within the scientific community. Such research can be distinguished from proprietary research and from industrial development, design, production, and product utilization, the results of which ordinarily are restricted for proprietary reasons or specific national security reasons.
Information resulting from “fundamental research” is typically excluded from export controls. The Fundamental Research Exclusion may be destroyed if the employee or university accepts any clause or restriction that:
In most cases, a license is not required to share with foreign nationals “information concerning general scientific, mathematical or engineering principles commonly taught in universities.” This includes information that is released by instruction in catalog courses and associated teaching laboratories of academic institutions.
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