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How do I know if a foreign national would be subject to the 'deemed export' rule?
Any foreign national is subject to the 'deemed export' rule except a foreign national who (1) is granted permanent residence, as demonstrated by the issuance of a permanent resident visa (i.e., 'Green Card'); or (2) is granted U.S. citizenship; or (3) is granted status as a 'protected person' under 8 U.S.C. 1324b(a)(3). This includes all persons in the U.S. as tourists, students, businesspeople, scholars, researchers, technical experts, sailors, airline personnel, salespeople, military personnel, diplomats, etc. As noted, one exception to this general statement is a 'protected person.' 'Protected persons' include political refugees and political asylum holders. Be aware that individuals seeking 'protected person' status must satisfy all of the terms and conditions that are fully set forth in 8 U.S.C. 1324b(a)(3). It should be emphasized that although the deemed export rule may be triggered, this does not necessarily mean that a license is required. For example, the technology may be EAR99 or license exception eligible.
Bureau of Industry & Security (BIS),USDOC
http://www.bis.doc.gov/
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