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 a license, provided there are no restrictions on publication or access to technology or information. We may also 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." This carve-out is known as the Fundamental Research Exclusion, or the FRE. The export control regulations also permit U.S. universities to release information by instruction without a license.

However, it is important to note that even in the conduct of fundamental research and instruction, an export control license may be required if the project involves the exchange of export-controlled information, access to export-controlled technology, a non-research function (e.g., a service agreement) where there is access to export-controlled technology, or access to ITAR-controlled equipment.