An export is the transfer or transmission of any
commodity (equipment or hardware), technology (technical data or information), software (commercial or
custom-made) to any non U.S. person or entity inside or outside of the U.S. by any means
(direct hand-over, shipment, visual, or verbal transfer).
A “deemed export” is when the transfer or
transmissions as described above occur within the U.S. For example, allowing a foreign
national visitor or assignee access to controlled technology within an NPS work area is considered to be
a deemed export. As another example, simply providing a gift to a foreign national visitor can also be
considered a deemed export.
An export can be a shipment of a commodity (to include the technology to design build or
use that commodity, and software) to a person in a foreign country (an export in the usual sense) or
providing that commodity (including the release of the technologies and software) to a foreign national
here in the United States.
- What is a “release” of technology?
Technology is “released” for export when it is available to foreign nationals for visual inspection
(such as reading technical specifications, plans, blueprints, etc.); when technology is exchanged
orally; or when technology is made available by practice or application under the guidance under the
guidance of persons with knowledge of the technology.
- When do I need to apply for an export license for technology under the “deemed export”
NPS, as a U.S. Government Agency, is normally exempt from independently applying for an export control
license [see ASN (RDA) Memo] without coordination with our U.S. Government Agency sponsors. Assuming
that a license is required, we must apply for an export control license under the
“deemed export” rule when both of the following conditions are met: (1) we intend to transfer controlled
technologies to foreign nationals in the United States; and (2) transfer of that same technology to a
foreign nationals’ home country would require an export license.
An export license is a document indicating that the
recognized government agency has granted the licensee the right to export a specified commodity, technology,
or software to specified countries.
A U.S. “person” is defined as an individual who is
a citizen of the U.S. or a foreign national with a Visa status of Lawful Permanent Resident
(LPR). U.S. persons are not subject to export control restrictions.
Controlled Unclassified Information (CUI) is unclassified information
requiring control with respect to handling, storage, distribution, etc., as defined in DOD Directive 5230.25.
Export Control Information (ECI) is one of several categories of CUI.