Deemed Exports

Did you know?

A product does not have to travel across the U.S. border to be considered an export? An export may not involve a product at all.  Just exposing a non-U.S. citizen to information about export-controlled technology, even on U.S. soil, may be treated as an export. Such a disclosure of information, if made without a proper license, is potentially a violation of federal law that could result in harsh penalties.

What is a “Deemed Export”?

A deemed export refers to the release or transmission of information or technology to any foreign national in the U.S., including students, post-docs, faculty, visiting scientists, or training fellows. A deemed export is treated as an export to that person’s home country. Deemed exports are a primary area of export control exposure for the university. Export controlled technology is "released" for export either a) when it is made available to foreign nationals for visual inspection; b) when technology is exchanged orally; and/or c) when technology is made available by practice or application under the guidance of persons with knowledge of the technology.

Examples of a “release:”

  • Allowing reading of technical specifications, plans, blueprints, etc.

  • Providing a tour of a facility that uses controlled technology

  • Allowing someone to inspect a diagram of controlled technology

  • Instructing someone on how to use controlled technology

  • Giving a presentation about controlled technology

What kinds of activities can trigger the need for a license for Deemed Exports?

Collaborations with foreign nationals, here at Brown, involving use of export restricted information or controlled/restricted areas (e.g., defense items or services, satellite technology, encryption) may trigger the need for a license for Deemed Exports unless it falls under an exclusion.  This applies to all activities at Brown, not just sponsored research.

Deemed Export Certification for H1B/O1 visa holders

The U.S. Citizenship and Immigration Services (USCIS) requires the inclusion of a “Deemed Export Attestation” (Form 1-129) for all new and extension H-1B petitions and O-1 petitions. The Attestation is filled out by the visa petitioner (i.e., the PI and the University). The purpose of this form is to certify whether a license or other government authorization is required for the release of export-controlled technology or technical data to the foreign scholar while in the United States during his/her employment. Under the export control laws, technology and technical data provided to a foreign national within the US is considered a deemed export (that is, an export to the country of origin of the foreign national).

Instructions: 

  • The Deemed Export Certification for must be completed and signed by the hosting PI/department

  • Completed and signed forms must be sent to the Export Control Officer in Brown's Office of Research Integrity for review and signature.  Send forms to juliane_blyth@brown.edu or rebecca_haworth@brown.edu

  • Certification forms for visa holders working at Brown affiliated hospitals should also be sent to Brown's Office of Research Integrity which will liaise directly with the hospital's Export Control Officer

  • The Export Control Officer will send a signed copy back to Brown's Office of International Student and Scholar Services

If you have questions about the Deemed Export Certification form or need assistance in determining how to answer some of the questions on the form, please contact Juliane Blyth or Rebecca Haworth.