DEEMED EXPORT Pamela Rary, Legal Affairs October 8, 2002 Fall Meeting of the General Faculty October 8, 2002

Export Controls: When Applicable Technology not EAR99 – is subject to Export Regulations No License Exception applicable to particular program Not in the Public Domain

Export Controls: Release Release is making technology or software available to foreign nationals, visually orally or by practice or application under guidance of persons with knowledge of the technology.

Export Controls: Deemed Export An export of technology or source code is “Deemed” to take place when released to a foreign national within the U.S.

Export Controls: License Required License is required when intent is to transfer controlled technology to foreign nationals in the U.S. and a license would be required if the foreign nationals home country would require a license.

Export Control: Foreign National Deemed export rule does not apply if: Green Card U.S. Citizenship Political Asylum