[Content courtesy of the Harvard School of Public Health]

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.