Deemed Export

The disclosure or transfer of export controlled software, technologies or technical data to a foreign entity or individual inside the US is “deemed” to be an export to the home country of the foreign entity or individual.

The term “deemed export” applies to technology transfers under the EAR and the provision of ITAR technical data and defense servicesUnder the policies of most research institutions, foreign faculty, students, staff, and scholars may not be singled out for restrictions in their access to educational and research activities.  Nor will the institution agree to restrictions on publication of research results, other than a short period (generally 30-60 days) for sponsor review (but not approval) of proposed publications to remove inadvertently included proprietary information provided by the sponsor or to seek patent protection. 

Failure to follow such a policy will destroy the institution’s fundamental research exclusion, and without this protection, EAR or ITAR will then apply to information (technology or technical data) concerning controlled materials or items.  Unless a license exception applies, a “deemed export” license will be required before the information is conveyed (even visually through observation) to foreign students, researchers, staff, or visitors on campus, and an actual export license will be required before the information is conveyed abroad to anyone.  Unless the fundamental research exclusion applies, a university’s transfer of controlled technology to a non-permanent resident foreign national who is not a full-time university employee in the U.S. may be controlled and/or prohibited.

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