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"Deemed Export" is a concept that exporters,
should be aware of.
An
"export" of U.S. origin technology or technical data can occur even in
the
United States
simply by disclosing information or technology to a foreign national from
a country other than the United States. Under EAR 734.2(b), the release of
technology or technical data subject to the EAR to a foreign national of
another country is "deemed" exported to the home
country of the foreign national. Technology or software is "released" for
export through: 1. Visual inspection by foreign nationals of U.S.-origin
equipment and facilities, 2. Oral exchanges of information in the United
States or abroad, 3. The application to situations
abroad of personal knowledge or technical experience acquired in the
United States. The
“deemed export” rule does not apply to persons lawfully admitted for
permanent residence, and does not apply to persons who are protected
individuals under the Immigration and Naturalization Act (8 U.S.C.
§1324b(a)(3). |