what is a deemed export

A deemed export is the release of controlled technology or source code to a foreign national within the United States. This release is considered an export to the person’s country or countries of nationality. The deemed export rule is most often encountered in the employment context where a company will release controlled technology or software to a foreign national. The EAR defines “deemed-export” as “any release of technology or source code subject to the EAR to a foreign national". The "deemed export" regulation states that a transfer of "technology" or "technical data" to the foreign person is "deemed" to be an export.