Fundamental Research Can Still Implicate Export Controls
September 25, 2012, 1:15 PM EDT
Law360, New York (September 25, 2012, 1:15 PM EDT) -- Most research institutions are aware that an exemption for "fundamental research" exists under U.S. export control laws. Under the exemption, the results of fundamental research generally are exempted from the rules and requirements of U.S. export control laws. As a result, the transfer of fundamental research results to a foreign national would not require any authorization (i.e., license) from the government than otherwise would be required.
Specifically, fundamental research information is information that is published and generally accessible or available to the public through the performance...