Deemed Exports

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 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 Export Management solution manages deemed exports in the following ways:

• Product classification - By correctly identifying the Harmonized Schedule (HS) or export control number (ECN) of the technology or source code in question, you can obtain further information on any export controls that may be in place

• License determination and management - The system analyzes whether an export license is required. Once a license is received, the system helps track it's usage

• Restricted party screening - Screen employees, students, researchers and others who may be party to a deemed export