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U.S. National Security Export Controls/EAR: Deemed Exports
What is the 'deemed export' rule?
What is a 'release' of technology?
What is 'technology'?
When do I need to apply for an export license for technology under the 'deemed export' rule?
How do I know if a foreign national would be subject to the 'deemed export' rule?
How are individuals handled who are permanent residents or citizens of countries other than those of their nationality?
What if the individual is a foreign national of one country, say India, but has obtained permanent residency in another, say the U.K.?
If this same Indian foreign national traveled to visit facilities in a third country, say Germany, do the licensing requirements change, or is the release still treated as a transfer to the U.K. for licensing purposes?
What if that same Indian foreign national comes to the United States?
What about changes in nationality? If a person was a citizen of India but subsequently became a citizen of the U.K., how is that person treated for export control purposes?
What if the Indian foreign national becomes a citizen of the U.K. but retains his or her Indian citizenship, as well? This is the situation of people who have dual-citizenship.
I see that you require a lot of personal data, including citizenship and country of origin. I understand that I cannot ask for such information from my employees under the Equal Employment Opportunities Commission (EEOC) rules. How do I get that information?
What is a 'deemed re-export'?
What technologies are subject to the Commerce Department controls?
Is software considered 'technology' and is it similarly controlled?
What technologies are considered 'fundamental research'?
Are cryptographic technology and software source code 'deemed exports' handled the same way as other technology and software source code?
At our Canadian subsidiary, we develop semiconductor manufacturing technologies that are controlled by ECCN 3E001. If we transfer those technologies to a Chinese national in that facility, do we require U.S. authorization? What about transferring the same Canadian developed technologies to PRC nationals at our PRC facility?
We have several foreign national employees in our firm, which has several divisions and an administrative area. Two of the divisions, the Research and Development (R&D) division and the Advanced Manufacturing/Processing (ADMP) division, work with technical data for advanced materials used in electronic and jet engine manufacturing which is controlled under ECCNs 2E001, 3E001, and 9E003, and we have several foreign national engineers working there. None of the other divisions work with controlled technical data, and we have some foreign national employees in them as well. The divisions are not co-located. Do I need an export license for all of the foreign national employees?
My company wants to employ an Indian foreign national who spent three years working for an Indian organization that is on the Entity List. May I do so? Do I require a license?
An Indian foreign national who is on sabbatical from an Indian organization that is on the Entity List wants to work with our firm in our executive training program where we will discuss proprietary technology which is not controlled to India. We have had an ongoing exchange of executives and scientists from this organization for years. Do I require a license?
Our university has several departments that are conducting research under contract with private corporations. Some of this research is controlled 'development' technology. We often have researchers (visiting faculty, post-graduate fellows, and research assistants) who are foreign nationals working on controlled 'development' technology research. Does the university need to apply for a deemed export license?
Our university does research under U.S. government sponsorship. We may have foreign national researchers working on this. Is a deemed export license required?
Q&As on Clarification of Deemed Export Related Regulatory Requirements
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