Deemed Export

Any item (commodities, software or technology, technical information, blue prints, design plans, circuit boards, know how, non-encryption source code etc.) subject to the Export Administration Regulations (EAR)  that is released to foreign national within the U.S. is “deemed” to be an export to the country where the person is a resident or citizen and could be subject to licensing requirements. This is what is commonly known as “deemed export”.

Example: The transfer of infrared camera technology to a Chinese national in the U.S. may be regulated as if the transfer of the technology was made to the Chinese national in China. The transfer is thus “deemed” to be to China even though all activities take place in the U.S.

More information about Deemed Exports can be found in the FAQ at the Bureau of Industry and Security.

Foreign Visitors and Deemed Export Certification

The I-I29 visa application form issued by U.S. Citizenship and Immigration Services (USCIS)  is used when NMC  hires a foreign person as a researcher. The form includes a “Deemed Export Attestation,” which requires the petitioner (i.e. the NMC) to certify whether the visa petitions for certain classes of foreign person work visas will require a license or other government authorization for the release of export-controlled technology or technical data to the foreign person in the United States during their employment. Under the export control laws, the transfer of such information is “deemed” an export to the country of origin of the individual with whom you are communicating.

To meet this requirement, the NMC’s visa application now includes a “I-129 Attestation”.

For screening individuals and technology for J-1, F-1 and other visa holders, NMC uses the Foreign Visit Request Form. For more information on foreign visits, review our Foreign Visits webpage.