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 controlled items or information, 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-controlled items or information are 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 technology, materials, software, or data may need the Export Control Office to obtain an export license when they intend to transfer the controlled items or technical data to foreign nationals in the United States UNLESS the activity falls under the Fundamental Research Exemption (FRE).  Furthermore, the foreign national must not be on or associated with any government-issued restricted party lists before disclosure occurs.

For any questions or concerns, please contact OSU’s Office of Export Controls and International Compliance.