Deemed Exports

The balance between trade and homeland security has never been more difficult.  As American businesses or universities continue to rely on the expertise of highly-skilled foreign nationals, they have to face additional regulatory difficulties. Sharing technology subject to export controls with foreign nationals (employees, customers, consultants, student interns or members of research teams) may be deemed an export.

A “deemed export” is a “release of technology or software of items subject to the EAR to a foreign national in the United States.” To avoid committing deemed export violations, companies should have compliance procedures that encompass HR, IT security, facilities, and trade compliance functions. Prior to granting access to controlled technology or software to a foreign national in the U.S., a deemed export license from the U.S. government may be required.

Global Trade Expertise can assist clients with identifying potential deemed export compliance issues and can advise clients on how to develop compliance processes and procedures to deal specifically with deemed exports.