What is a deemed export?

A deemed export refers specifically to the release of controlled technology or technical data to a foreign national while they are physically present in the United States. This concept is crucial in export control regulations because it recognizes that the transfer of information or technology, even within U.S. borders, can still pose national security and foreign policy risks. In this context, "release" can occur through various means, such as verbal communication, visual inspection, or providing access to controlled software or research.

Understanding this classification is essential for regulatory compliance, particularly for organizations involved in research, development, or any activities with sensitive technology, as these may require specific licenses to comply with export control laws. Deemed exports must be monitored to prevent unauthorized access to sensitive technology by foreign nationals, ensuring national security interests are protected while still allowing for international collaboration and knowledge exchange within proper channels.