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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 organizations dealing with
sensitive information must obtain an export license when they intend to transfer
controlled technologies to foreign nationals in the United States; and when
transfer of the same technology to the foreign national's home country would
require an
export license. Furthermore, that foreign national must not be on any
government-issued restricted party list before disclosure occurs.
How Amber Road Can Help
Amber Road's solutions manage deemed exports in the following ways:
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