EAR - Export Administration Regulations
Part 734: Scope of the EAR – EAR - Export Administration Regulations

EAR - Export Administration Regulations 734.8: 734.8 Fundamental research

Technology or software that arises during, or results from, fundamental research and is intended to be published is not subject to the EAR; the exclusion does not cover EAR-controlled technology or software released to conduct the research. Once a researcher, institution or company decides to keep results restricted or proprietary, they become subject to the EAR. Results remain 'intended to be published' despite prepublication review only when the review protects patent rights with no more than a temporary delay, protects the sponsor's own proprietary information, or is an agency or FFRDC release-control system; accepting publication restrictions removes the exclusion until they lapse; government-funded research under specific national security controls qualifies once those controls are satisfied and the researchers are free to publish (a general reference to export laws is not such a control). Fundamental research is research in science, engineering or mathematics whose results ordinarily are published and shared broadly and for which the researchers have not accepted restrictions for proprietary or national security reasons.

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

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Other controls in Part 734: Scope of the EAR – EAR - Export Administration Regulations

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