Dey logoDey Header

 

Return to 
Late Breaking News

 

"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).