Generally, any item (commodities, software or technology, technical information, blueprints, design plans, circuit boards, etc.) subject to the Export Administration Regulations (EAR) that is shipped or transmitted from the United States to a foreign destination is an export. In addition, technology, know-how, and non-encryption source code that is released to foreign national within the U.S. is “deemed” to be an export to the country where the person is a resident or citizen and could be subject to licensing requirements. This is what is commonly known as the “deemed export” rule.
- The transfer of infrared camera technology to a Chinese national in the U.S. may be regulated as if the transfer of the technology was made to the Chinese national in China. The transfer is thus “deemed” to be to China even though all activities take place in the U.S.
More information about Deemed Exports can be found in the FAQ at the Bureau of Industry and Security.