what is deemed export

A deemed export is the release of controlled technology or source code to a foreign national within the United States, which is considered to be an export to the persons country or countries of nationality. This means that the release of controlled technology to foreign persons in the U.S. is "deemed" to be 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 "deemed export" rule applies to technology that is "required" for the "development," "production," or "use" of the controlled pathogen or controlled equipment. The concept of deemed export is important because it can trigger the need for an export license from the Bureau of Industry and Security (BIS) before releasing controlled technology to a foreign person.