Deemed Export

Questions and answers about Deemed Export

  • Deemed Exports

    OT Fact Sheet: Origin Certification Requirements QUESTION: I am looking to create a Deemed Export Process at my company. Our products and processes are low risk.  None of our finished goods have export classification numbers other than EAR99.It was proposed recently about putting together a memo to rule out certain positions or the entire company […]


    QUESTION: An interesting question was posed to me the other day, and I have to admit, I believe a case could be made to have a license or for a license exemption.  A manufacturing company has employees from the Marshall Islands.  Do they need to license them to avoid deemed exports?  Here is some background: […]

  • Deemed Exports

    QUESTION: I have a question for the membership as it relates to the deemed export rule. While I understand that the release of controlled technology and information to certain foreign nationals may be licensable, my question is around controlled software or systems. If the foreign national is simply accessing the software for use but not […]


    QUESTION: I would like to know whether we need to report a change in status of the FN holding the Deemed Export License when their VISA status changes, or that the FN is now a permanent residents of the United States, or is now a U.S. Citizen while their deemed export license is still active […]


    QUESTION: I would like to get the membership’s feedback on how to handle Deemed Exports for Foreign Nationals. We have over 1,000 contract workers working on IT projects at our Corporate HQ.  I believe some of these are Foreign Nationals who are releasing technology and source code. Since I have a possible Deemed Export, what […]


    Question: I have a concern a about a possible Deemed Export situation. We recently had a foreign national visit . He was trained to operate a medical equipment system that contained  a software function. When the foreign national returns to his country  he will train others and show them  how to use the equipment. Would […]


    Question: Under the deemed export rule for the EAR, does anyone believe it would be possible to license the physical drawing to our division in China, and avoid having to license 50+ engineers? My gut tells me “no”, that the whole spirit of the rule is to restrict access to foreign nationals in controlled countries or […]


    Question: We expect to receive a license to export (to a wholly-owned sub in a CB2-controlled country) all development, production and use technology for a certain product.  After we get the license and export this technology to the foreign sub, we expect that employees of this foreign sub, who are citizens of that local country, […]


    Question: I need a clarification on the Deemed Export Regulation. We are a distributor of medical products and our Distribution Centers are used for storing  products and not manufacturing them. When foreign nationals visit our DC’s for a tour or for a sales meeting, are we required to report these visits ? *************** ANSWERS: First […]


    Question: Preparing my first Deemed Export License application to BIS and wondering if anyone has any tips or lessons learned they’d like to share in what should be done to make the application a success.  With this being my first, I’d like to avoid the back and forth with BIS and get them all the […]


    Question:   It’s my first time preparing an LOE for a deemed export license. Would anyone in the membership have a template that they have used that you wouldn’t mind sharing. Sort of urgent, a quick reply would be appreciated. ***********