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Proprietary Information from A Sponsor Or Others
Information received by researchers from others, such as sponsors, typically would not be publicly available, and often is the subject of a non-disclosure agreement or research contract provision. Information transferred from a business entity to researchers is not eligible for the "fundamental research" exclusion where the parties have agreed that the business entity may withhold from publication some or all of the information so provided. Such proprietary information would therefore typically be controlled under the export regulations.
The fact that such received information might be controlled generally would not affect the exception for information resulting from fundamental research. If access to and use of the controlled information is essential to performance of certain tasks, though, there might be constraints on participation in the project by foreign nationals resulting from export law constraints on access to the received, controlled information.
Prepublication review by a sponsor of university research solely to insure that the publication would not inadvertently divulge proprietary information that the sponsor has furnished, or to temporarily delay publication to ensure that publication would not compromise patent rights, does not change the status of the research as fundamental research.
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