Fundamental Research Exclusion


In order to receive the benefit of protection under the FRE, the following elements must be applicable to the research project: 

  1. The research must be conducted within the United States and not in any other jurisdiction;
  2. There may be no publication restrictions other than a limited review with the purpose of ensuring the protection of proprietary information, on the free and open publication of the research results in journals or other technical literature (regardless of whether there is any actual publication); and
  3. There are no sponsor restrictions (e.g., an agency of the U.S. Government) on the nationality of personnel who can be involved in the research.

The Fundamental Research Exclusion does not apply to: 

  1. Physical goods
  2. Software
  3. Encryption
  4. Research which is not intended for publication
  5. Research conducted outside the United States.

The University of Colorado Denver | Anschutz Medical Campus is eligible for the FRE in virtually all of its normal academic activities, including research. Safeguarding of the FRE is a primary focus of the Office of Regulatory Compliance in coordination with the Office of Grants and Contracts and proper planning is needed to ensure research activity falls under the exemption. Contact the export compliance office with questions about the FRE and ensuring compliance with export control requirements.