Deemed Exports
Understanding export control for technology transfers to foreign nationals
What is a Deemed Export?
A "deemed export" occurs when controlled technology or technical data is released to a foreign national within the United States. Under export control regulations, this release is "deemed" to be an export to the foreign national's home country.
Key Point: If you share ITAR technical data with a foreign national employee in your U.S. office, it's treated the same as exporting that data to their home country.
When Does It Apply?
- Foreign national employees accessing controlled technical data
- Foreign national contractors or consultants
- Training foreign nationals on controlled technology
- Visual access to controlled equipment or processes
- Oral disclosure of controlled technical information
ITAR vs EAR Deemed Exports
| Aspect | ITAR | EAR |
|---|---|---|
| Authorization | TAA or license required | License or exception |
| Exceptions | Very limited | Fundamental research, public domain |
| U.S. Persons | U.S. citizens + Green Card holders | Same definition |
| Record Keeping | 5 years | 5 years |
Managing Deemed Exports in Arcliance
1. Track Foreign Nationals
Use Compliance > People & Access to maintain a roster of foreign nationals with their citizenship and access levels.
2. Classify Technical Data
Mark assets and repositories with their export classification in Technical Data Security > Assets.
3. Control Access
Use Technology Control Plans to define who can access what data. Arcliance validates access requests against authorizations.
4. Document Authorization
Link TAAs or licenses that authorize specific foreign national access. Track expiration and scope limitations.
Exceptions
Some disclosures are not considered deemed exports:
- Public domain - Information already publicly available
- Fundamental research - Basic research intended for publication (with restrictions)
- Educational information - Information taught in catalog courses
- Marketing materials - General product information
Note: ITAR has more limited exceptions than EAR. Always verify before assuming an exception applies.