Under United States export control law (15 CFR), a "deemed export" refers to technology or related computer language (source code) that is exported. While an export is usually something that leaves the country, if regulated information or technology is released to a foreign national living in the United States, it is deemed to be “exported” to the home country or countries of the foreign national. Intangible knowledge or data is a deemed export because a foreign national retains this information upon returning to their home country.
For example, the sharing or development of computer technology with a Korean national at a university in the United States may be regulated as if the sharing of the technology was made to the Korean national in Korea. In other words, it is “deemed” to be to Korea even though all the activities took place in the United States. Thus, many foreign students cannot participate in university research without a deemed export license.
Due to national security concerns, the Department of Commerce's Bureau of Industry and Security (BIS) may classify the deemed export as requiring a license. The requirement of a deemed export license depends on the relatedness of the technology to defense articles and the United States' relationship with the country to which it is being exported. License requirements can be found in the Export Administration Regulations (EAR).
[Last updated in September of 2022 by the Wex Definitions Team]
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