Types of Exports

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Deemed Exports 

A "deemed export" is an export of technology or source code (except encryption source code) to a foreign person within the United States. 

• Export Administration Regulations (EAR)

  A "deemed export" is an export of technology or source code (except encryption source code) to a foreign person within the United States. 

  The Export Administration Regulations (EAR) §734.2(b)(2) states that Technology is ‘released’ for export when it is made available to foreign person by:

  • visual inspection (such as reading technical specifications, plans, blueprints, etc.); or
  • exchanged orally; or 
  • by practice or application under the guidance of persons with knowledge of the technology.

  The International Traffic in Arms Regulations (ITAR) does not incorporate the term “deemed export” but the concept is in the definition of an export and pertains to the release of ITAR technical data and defense services.

• International Traffic in Arms Regulations (ITAR)

  The International Traffic in Arms Regulations (ITAR) does not incorporate the term “deemed export” but the concept is in the definition of an export and pertains to the release of ITAR technical data and defense services.

  It is important to determine if the foreign national employee or visitor will have access to any ITAR controlled equipment, materials, software or technical data. These activities will require a license and/or properly documented license exception as well as a technology control plan.

• Do all deemed exports require an export license?

  All deemed exports do not require a license.   Deemed Exports under the EAR are determined by technology being released the foreign person's country of nationality.

• Can Third-Party Proprietary Information or Technical Data be a Deemed Export?

  Yes!  It is important to ask the disclosing party if their  information or  technical data is export controlled.  This includes vendor technical data (specs, blueprints, etc).

  Sharing third-party export controlled information to a foreign national employee would be a deemed export. 

Deemed Re-Exports

• What is a "Deemed Re-export"?

  As with re-exports of physical items, further transfers of controlled technology overseas to third parties are often restricted.  The term “deemed re-export” is often used to indicate the transfer of controlled U.S. technology to a third-country national overseas. 

  As an example, a U.S. exporter transfers  controlled technology to a university in Germany. The university in Germany, in turn, employs an individual from Australia who is not a permanent employee of the university  in Germany and who will need the controlled technology to perform his or her assigned duties. Before transferring this controlled technology to the Australian employee, the university in Germany is responsible for obtaining any required deemed re-export licenses as if it were transferring the technology directly to Australia.

Physical Exports 

• When does a physical export occur?
  Anytime that an item crosses a U.S. border and leaves the country, it is exported.  Shipments to U.S. territories (e.g. Guam) are not exports.
• What if the shipment is only temporary?
  Even shipments only temporarily leaving the U.S. are considered exports once they cross a border.
• Does it matter what the purpose of the shipment was? What if it is for research and not commercial purposes?
  Whether for research or commercial purposes, any item is considered exported when it crosses a U.S. border and leaves the country.
• Do all physical exports require a license?
  Not necessarily.  All items subject to the International Traffic in Arms Regulations (ITAR) would need a license but for items subject to the Export Administration Regulations (EAR) it will depend on the destination country.

Electronic Transmissions

• What is an example of an electronic transmission that could be an export?
  Attaching a file containing export controlled technology to an email can in some cases be an export.
• Are all electronic transmissions exports?
  Not necessarily.   An email with controlled files that did not go to a foreign recipient, or route through email servers housed in foreign countries, may not be an export.  Just the same, always contact the Export Controls Compliance Team before emailing any content that may be export controlled.
• What if the email is encrypted?
  Standard email encryption may not be sufficient.  Contact the Export Controls Compliance Team for further assistance. 

View the Guidance & Procedures for Export Control Compliance

Request an Export Control Review of the Transfer (NetID Login Required).