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” rule?
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.
Controlled Unclassified Information (CUI) is unclassified information requiring control with respect to handling, storage, distribution, etc., as defined in DOD Directive 5230.25.
Export Controlled Information (ECI) is one of several categories of CUI. For more information on ECI, see Controlled Information.