Research

The vast majority of research that we conduct at TAMU-CC is defined as “fundamental research” (i.e. funded research which is neither subject to publication and/or citizenship restrictions) and is covered under the Fundamental Research Exclusion (FRE). Under the FRE, foreign nationals may participate in the research, subject to two restrictions or exceptions.

Restriction 1: TAMU-CC may, on rare occasion, conduct research that are subject to foreign national deemed export requirements. These programs fall outside the coverage of the FRE. If the research award or contract is approved, restricted projects may require that researchers and staff operate under a Technology Control Program (TCP) which documents required export control safeguards. In certain cases, foreign nationals may be authorized to participate in the export controlled research based on obtaining a specific export license for that individual and his/her research activity.

Restriction 2: In addition, our researchers may use a variety of export-sensitive research equipment, software, and technology which, in certain circumstances, may also trigger foreign national restrictions, notwithstanding the fact that they are being used to pursue fundamental research in an otherwise open laboratory environment.

As a university, many activities fall under the Fundamental Research Exclusion (FRE). Research performed as fundamental research are not subject to export control laws and regulations. However, the FRE can be destroyed if the university accepts certain clauses that allows for sponsor restrictions on publication of scientific and technical information resulting from the project.

During research contract negotiations, the Office of Sponsored Research Administration will alert you to the potential for clauses that could have export control repercussions.

Review Process

Research proposals are screened for potential export control issues through Maestro.

If your research proposal is flagged for export control issues, funding will not be released until the compliance flag is cleared by the export control officer.

FAQ: Fundamental Research Exclusion (FRE)

The U.S. government, recognizing that the strength of academic research relies on creating an environment that promotes creativity and the free exchange of ideas, released the National Security Decision Directive 189 (NSDD189), which included an exclusion for Fundamental Research.

Fundamental Research is defined by the NSDD189 as: "Basic and applied research in science and engineering where the resulting information is to be 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."

The FRE does not apply to items, equipment, technical data or software that are export controlled.

The FRE could be jeopardized if you agree to any “side-deals” outside of the negotiated terms and conditions of an award or agreement. If in practice, you allow sponsors the ability to review and approve publications or to control access to the project or project results, you may lose your ability to take advantage of the FRE. Loss of the FRE can quickly put your research in jeopardy of non-compliance with export controls.

In order to qualify for the Fundamental Research Exclusion, your research must be conducted free of any publication restrictions and without any access or dissemination restrictions (i.e., no restrictions based on nationality).

The TAMU-CC Office of Sponsored Project Administration works to preserve the fundamental research exclusion by reviewing terms and conditions of sponsored awards, Material Transfer Agreements (MTAs) and other research-related agreements to ensure such restrictions are not placed on the research.

FAQ: Public Information Exclusion

Information that is already published, publicly available, or in the public domain is considered public information and, under the federal regulations, is NOT subject to export controls.

Examples of information that is publicly available include:

Books, newspapers, pamphlets
Publicly available technology and software
Information presented at conferences, meetings, and seminars open to the public
Information included in published patents
Websites freely accessible to the public

Research

Review Process

FAQ: Fundamental Research Exclusion (FRE)

What is the Fundamental Research Exclusion (FRE)?

What could undermine the FRE?

If my research is exempt under export controls under the FRE, can I ship items developed as part of the research overseas?

FAQ: Public Information Exclusion

What is the Public Information Exclusion?

Point of Contact