• The Export Administration Regulations (EAR) define a deemed export as the release of technology or source code subject to the EAR to a foreign national in the United States. Part 734.2(b)(2)(ii). (General Prohibition Three)
• Such release is “deemed” to be an export to the home country of the foreign national.
• Situations that can involve release of U.S technology or software include:
  • Tours of laboratories
  • Foreign national employees involved in certain research, development, and manufacturing activities
  • Foreign students or scholars conducting research
  • Hosting of foreign scientist
• Transfer of technology to a foreign national does not automatically mean that a license is required.
• The technology to be released to the foreign national may be:
  • Publicly Available
  • EAR99 License
  • Exception eligible

THE MOST COMMON DEEMED EXPORTS ARE:
Semiconductors & Electronics
Telecommunications
Computer Systems