You May Be a Deemed Exporter

Engineering firms, software companies, researchers, manufacturers, and universities need to be aware of the “deemed export” rules. They may be engaged in export transactions without even knowing it. Here is some info from the BIS website:

The obligation to obtain an export license from BIS before “releasing” controlled technology to a foreign person is informally referred to as a deemed export. Releases of controlled technology to foreign persons in the U.S. are “deemed” to be an export to the person’s country or countries of nationality. “Deemed” exports are described in 734.13(b) of the EAR. Typical organizations using “deemed” export licenses include universities, high technology research and development institutions, bio-chemical firms, as well as the medical and computer sectors. Note that those organizations having persons with permanent residence status, U.S. citizenship, and persons granted status as “protected individuals” are exempt from the “deemed” export rule.

Many of the licenses for ”deemed” exports involve those conducting scientific research. Note that under section 734.8 of the EAR, fundamental research is defined as “basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community” and, as such, is exempt from EAR licensing requirements. Research conducted using publically available information is also exempt from any license requirements.

The EAR defines a “release” of “technology” or source code in section 734.15 of the EAR, and defines activities that are not “deemed” reexports in section 734.20 of the EAR.

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