Preprint Servers and Export Controls

1. Is a paper on on a pre-print server considered public domain?
   Yes. Once published on a preprint server like arXiv, the work is freely accessible and generally considered public domain. However, sharing drafts or controlled data before publication may require an export licence.
2. Can I upload controlled research to a pre-print server or software repository to avoid needing an export licence?
   No. Using publication as a deliberate workaround to share controlled technology with specific overseas collaborators is prohibited and could lead to enforcement action.
3. What counts as “public domain” under export control law?
   Information is public domain if it is freely available without restriction other than copyright (e.g., in a book, on a website, at an exhibition). It is not public domain if access is restricted (e.g., password-protected, membership-only, classified).
4. Do I need a licence for informal collaborations?
   Possibly. Even if research is not controlled, collaborations with entities in certain countries may fall under “end-use” or “catch-all” controls. The PI is responsible for due diligence.
5. Who can help me check if my research is controlled?

Please Contact the Research Compliance Team for an export due diligence check using the online request form available on the website. Most queries are cleared internally within 10 working days.