Project Description

Understanding the Importance of Deemed Exports

Published in Compliance & Ethics Professional, October, 2011, ghost written for Anthony Hardenburgh

Every year I attend a number of industry conferences focused on global trade compliance. I speak with a lot of different people at these events, and they hold a range of job responsibilities, with varying degrees of trade compliance expertise. One of the questions I am frequently asked is: What trade regulations should I be concerned about that I may not be aware of today?

Regulations that govern deemed exports immediately come to mind. According to the Export Administration Regulations (EAR) the release of certain sensitive technology or source code that has both military and civilian applications to a foreign national 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.

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