Define: Deemed Export License

A deemed export license is a license issued by the government that allows the transfer of controlled technology or technical data to a foreign national within the United States. This transfer is considered to be an export, even though it does not involve physically sending the technology or data outside of the country.

A deemed export license is required when a foreign national, who is not a U.S. citizen or permanent resident, will have access to controlled technology or technical data within the United States. This includes situations where the technology or data is shared through visual inspection, oral communication, or any other means.

Controlled technology or technical data refers to information, software, or technology that is subject to export control regulations. This can include information related to defence articles, dual-use items, or items with potential military applications.

To determine if the technology or data is controlled, you can refer to the Commerce Control List (CCL) or the International Traffic in Arms Regulations (ITAR). These lists provide detailed information about the specific items that are subject to export control regulations.

The responsibility for obtaining a deemed export license lies with the U.S. person or organisation that intends to share the controlled technology or data with a foreign national. This can be an employer, university, research institution, or any other entity.

To apply for a deemed export license, you need to submit an application to the appropriate government agency, such as the Bureau of Industry and Security (BIS) or the Directorate of Defense Trade Controls (DDTC). The application will require detailed information about the technology or data, the foreign national involved, and the purpose of the transfer.

The processing time for a deemed export license can vary depending on the complexity of the application and the workload of the government agency. Generally, it can take several weeks to several months to receive a decision on the application.

Transferring controlled technology or data without a deemed export license can result in severe penalties, including fines and imprisonment. It is important to ensure compliance with export control regulations to avoid legal consequences.

No, a deemed export license is still required even if the foreign national is a U.S. citizen or permanent resident. The license requirement is based on the individual’s nationality, not their immigration status.

Yes, there are certain exceptions and exemptions to the deemed export license requirement. These can vary depending on the specific circumstances and the applicable export control regulations. It is advisable to consult with an export control attorney or the relevant government agency to determine if any exceptions or exemptions apply in your situation.