Examples
Worked examples
- Is an instance
A grant proposal explicitly invokes the fundamental research exemption to justify open international collaboration.
- Is an instance
An institution declines a contract clause restricting publication because it would forfeit the fundamental research exemption.
Counter-examples
Looks similar, but isn't
- Not an instance
A project under a contract that bars foreign nationals from participating no longer qualifies as fundamental research.
- Not an instance
Proprietary corporate research conducted under non-disclosure does not qualify for the exemption.
Editorial commentary
The fundamental research exemption originates in National Security Decision Directive 189 (1985) and is reflected in the EAR and ITAR. The exemption is lost when access to and dissemination of results are restricted by the sponsor or by contractual non-publication clauses. Institutions advise researchers to avoid signing publication or foreign-national restrictions that would compromise the exemption. NSPM-33 reaffirmed the policy preference for fundamental research to remain unrestricted.
References
- NSDD-189 (1985); 15 CFR 734.8 (EAR); 22 CFR 120.11 (ITAR).
Also known as
fundamental research exclusion · NSDD-189 exemption
Machine-readable encodings
Use in your systems
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