Deemed Exports -Exporting Within the US

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 controlled 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 when a) it is made available to foreign nationals for visual inspection; b) it is exchanged orally; and/or c) it is made available by practice or application under the guidance of persons with knowledge of the technology.

Examples of a “release:”

  • Allowing reading of controlled 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.