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Our university has several departments that are conducting research under contract with private corporations. Some of this research is controlled 'development' technology. We often have researchers (visiting faculty, post-graduate fellows, and research assistants) who are foreign nationals working on controlled 'development' technology research. Does the university need to apply for a deemed export license?
It depends. You need to look at the research and the contract terms for release of the results of the research. If there are no conditions placed on the research, and it is the intent of the research team to publish its findings in scientific literature, then it is considered 'fundamental research,' and no license is required. If the contract requires that the private corporation review the findings of the research team with the intent of controlling what results are to be released in open literature, then the research is considered proprietary, and a license is required.
Bureau of Industry & Security (BIS),USDOC
http://www.bis.doc.gov/
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