Question 6

Does the RFP, sponsor terms and conditions, or contract impose publication restrictions beyond a brief review for patent protection and/or protection of confidential or company proprietary information?

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Research carrying publication and dissemination restrictions will preclude characterization of the effort as “fundamental research.” As a result, you may be facing prohibitions limiting the participation of foreign persons.

“Fundamental research” is defined as basic or applied research in science or engineering, the results of which are intended to be shared with the interested scientific community or otherwise placed in the public domain. Fundamental research, by definition, is free of access, participation or dissemination restrictions.

Fundamental research is granted special status by U.S. export regulations, such that participation by foreign persons in such research does not require export licenses to be obtained. If the research is other than “fundamental,” then the conduct, products and results of that research may be subject to the full array of export control restrictions.