What is the fundamental research exclusion?
Fundamental Research is defined by the National Security Decision Directive 189 (NSDD189) as “any basic or applied research in science and engineering, the results of which are ordinarily published and shared broadly within the scientific community…”
A "fundamental research exemption" is a legal provision within US export control laws that allows researchers to freely share and publish results from basic scientific research conducted in the United States, meaning this information is not subject to export controls and can be accessed by foreign researchers without requiring a license, as long as the research is widely disseminated within the scientific community; essentially, it protects the open exchange of basic research findings.
Even if the research itself qualifies as fundamental, specific restrictions imposed by the funding agency or sponsor regarding publication or access to results could negate the exemption.