In the spirit of open and transparent research, Duke University does not accept grants / contracts which restrict the freedom to publish research results or contracts which control the access and dissemination of research results. As a result, the Office of Research Support often negotiates grants/contracts which include foreign national approvals as a these are considered to be a mechanism to control the access and dissemination of research results. Duke policy supports open dissemination and participation in its research grants and contracts.
“Fundamental research” is not subject to export licensing when:
-
The basic or applied research in science or engineering is conducted in the United States
-
The resulting information is ordinarily published and shared broadly in the scientific community
-
There are no restrictions on the publication of research results
-
There are no restrictions on the access and dissemination of information resulting from the research
Examples of restrictions which may nullify the fundamental research "exemption":
-
Prepublication review with the right to withhold portions of the research results from publication
-
Principle Investigator or reasearch assistant decides to voluntarily withhold research results from publication
-
Approval required from sponsor to use foreign nationals in 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 U.S. locations for national security purposes
-
Research members decide NOT to publish certain research results
-
Research members accept restrictions or approvals for publications or the use of foreign nationals
The fundamental research "exemption" only applies to technical data and
not to exports of physical items, encryption software, or classified
information.
|