Publication and Participation Restrictions
Generally speaking, the export control regulations permit U.S. universities to allow foreign nationals (e.g., students, faculty, academic appointees, and non-employee participants in University programs) to participate in fundamental research projects without securing a license. They also permit U.S. universities to share with foreign nationals in the U.S. or abroad “‘technology’ or ‘software’ that arises during, or results from, fundamental research and is intended to be published,” also without securing a license. This carve-out is known as the Fundamental Research Exclusion, or the FRE.
In alignment with UC Policy, UCLA’s principal strategy for compliance with the U.S. export control regulations is based upon maintaining an open, fundamental research environment. Indeed, principal University tenets, including the freedom to publish and disseminate research results, nondiscrimination and open access to University classrooms, libraries, laboratories, and specialized research facilities, without regard to citizenship, are consistent with the requirements of the FRE. To maintain the FRE, no University employee can consent (e.g., as a term or condition of an award or in a written or verbal side agreement or arrangement), or otherwise engage in behavior that restricts publication or the participation of foreign nationals.
Investigators are asked to consider export controls in proposal submissions and research agreements (e.g., materials transfer agreement). The proposal checklist on the Extramural Proposal Approval and Submission Summary (EPASS) includes questions about export controls. Your answer to these questions may indicate potential export controls that require a review by Research Policy & Compliance. The contract and grant analyst will contact our office as necessary and you may also reach out directly with questions to email@example.com.
International Research Collaboration
As Chancellor Gene Block reaffirmed in November 2019, “Much of our research requires international collaboration. Our collaborative spirit has helped U.S. to thrive, and we are committed to protecting a research and teaching environment that is open and cooperative and facilitates the appropriate exchange of research results.” In addition to the regular proposal review process described above, export control questions that may arise during the course of an engagement should be directed to firstname.lastname@example.org.
Any research collaborations involving Cuba, Iran, North Korea, Sudan, or Syria requires an export control review prior to UCLA commitment. Please contact email@example.com.