Deemed Export Issues and Challenges

The issue of a deemed export usually arises around the transfer of sensitive information, often in the university or research setting. According to the US Export Administration Regulations (EAR), the release of some types of sensitive technology or source code to certain foreign nationals within the United States is deemed an export to the home country of the foreign national. Specifically, a deemed export occurs when US technology is made available to foreign nationals by verbal communication, visual inspection or in practical use within or outside the United States.

Those groups at OSU dealing with sensitive information may need to obtain an export license when they intend to transfer controlled technologies to foreign nationals in the United States.. UNLESS: The activity falls under the Fundamental Research Exemption (FRE.)  Furthermore, that foreign national must not be on any government-issued restricted party list before disclosure occurs.

Pacific Northwest National Labs created the following as an introduction to “deemed exports” for their staff, this information is useful, however, for any questions  or concerns please contact OSU’s Office of Export Controls and International Compliance.