Deemed Export
Categories:
A release of export controlled technology or software source code to a Foreign Person in the US. A regulated export is thereby "deemed" to take place to the Foreign Person's home country or last country of citizenship. Export controlled technology is "released" for export either a) when it is made available to Foreign Persons for visual inspection (such as reading technical specifications, plans, blueprints, etc.); b) when technology is exchanged orally; and/or c) when technology is made available by practice or application under the guidance of persons with knowledge of the technology.
Although the State Department does not use this term, but rather includes this concept as an element of its definition of export (a "defense service"), Stanford University will use the term "deemed export" when discussing access by Foreign Persons to export controlled technology or source code on US soil, without regard to which agency may have cognizance over the transaction.
Created: 02.01.2021
Updated: 05.13.2021