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When do I need to apply for an export license for technology under the 'deemed export' rule?
Assuming that a license is required because the technology does not qualify for treatment under EAR99 and no license exception is available, U.S. entities must apply for an export license under the 'deemed export' rule when both of the following conditions are met: (1) they intend to transfer controlled technologies to foreign nationals in the United States; and (2) transfer of the same technology to the foreign national's home country would require an export license.
Bureau of Industry & Security (BIS),USDOC
http://www.bis.doc.gov/
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