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Export Controls > Research > Publication


Export Controls do not apply to information that is already public, and the regulations contain exclusions for information that is “publicly available” (EAR) or is in the “public domain” (ITAR).  The “publicly available” exclusion under EAR includes a wide range of obvious categories, such as information that is available in a library, or that has been published, or that is typically taught in for-credit courses. 

An important protection for university research is the “Fundamental Research Exclusion”.  Fundamental research is defined as ‘basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community’. 

The information that results from fundamental research is excluded from export controls. This exclusion applies while the information is being developed; it applies after the research is complete and before results are published; it applies even if the results are not published. If the research is fundamental and the results are ordinarily either published or shared broadly with other scientists, the research results are protected.