Resources for Departments - EC

Deemed Exports

The Export Administration Regulations (EAR) define a deemed export as the release of technology or source code subject to the EAR to a foreign national in the United States. Any such release is "deemed" to be an export to the home country of the foreign national. Situations that can involve the release of U.S technology or software include:

  • Employees that are foreign nationals involved in specific research, development, and manufacturing activities
  • Foreign students or scholars conducting research
  • Laboratory tours
  • Face-to face conversations
  • Telephone, e-mail, fax
  • Carrying a laptop, flash drive, smart phone, etc. with controlled technical information
  • Sharing of computer files
  • Visual inspections

This is the PRIMARY export control issue facing university research.

Who it Affects

Foreign Nationals are subject to deemed export requirements unless they have been:

  • Granted U.S. citizenship or
  • Granted permanent residence status (i.e., "Green Card" holders) or
  • Granted status as a "protected individual." Protected individuals include political refugees and political asylum holders.

In the case of dual citizenship, under the EAR, the last citizenship obtained by the foreign national governs.

Why is This So Important?

The issue of deemed exports is particularly relevant to university research because of the activities that normally take place at a university. While a university may be involved in the shipment abroad of equipment or machinery to participate in a conference, a joint project, or equipment loan programs, most often faculty and students are engaged in teaching and research. Whenever teaching or research is related to controlled equipment or technology, foreign students' or researchers' involvement may trigger export control compliance issues.