In what situations would the Fundamental Research (FRE) exclusion not apply?

Under certain circumstances, the institution may deem it appropriate to accept restrictions that will nullify the Fundamental Research Exclusion.  By doing so, the results of the research become subject to export controls regulations and dissemination to foreign nationals is restricted until the sponsor approves publication.  A plan must be put in place to manage any technology of software resulting form such export controlled research.

Examples of restrictions which may nullify the fundamental research exclusion include:

• Research members accept restrictions or approvals for publications or the use of foreign nationals.
• Pre-publication review with the right to withhold portions of the research results from publication (temporary pre-publication review allowed for proprietary/patent purposes).
• Approval required from sponsor to use foreign nationals on a project.
• Research, or portions thereof, must be conducted at a secure facility.
• Researchers and/or assistants must have a security clearance.
• Research is restricted to US locations for national security purposes.

Note: A restriction that is accepted by informal means (email or conversation) is still a restriction even it does not appear in the grant or contract.