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Decision Tree Question 13

Is the item, information or software provided under a Non-Disclosure Agreement (NDA) or a Confidentiality Agreement central to the research program and/or do the disclosure restrictions affect the ability to publish the research results?

YES  |  NO

NDAs and similar confidentiality agreements must be entirely peripheral to the research program (sufficiently remote from the intellectually significant portions of the research) and the disclosure restriction must not affect the ability to publish the research results.

If you accept confidential or proprietary information subject to a Confidentiality or Non-Disclosure Agreement (NDA), and you have agreed that the information may not be published or made publicly available as part of your research results, this information will be considered to be export-controlled. As a result, if you wish to share that information with a foreign national (including foreign nationals here at UT), you may be required to obtain an export license.

If you have any questions about this, or if you are asked to sign such an agreement, contact Jane Burns ( and James Andes ( and ask for a review of the agreement.

Back to Export Controls Decision Tree starting point.

Design and content used by permission of Stanford Univeristy (updated 2008).