Deemed Exports – US Export Regulations & Technical Information 

Controversy over the last year concerning the publishing of a Dutch scientist’s research on smallpox points up the strategic concerns with the availability of sensitive information. Most companies recognize that US export control laws apply to shipments of products or technical data out of the United States to another country.

Some companies still do not realize, however, that sharing technology or source code with a foreign national is also an export – even when the foreign national is in the United States. Under the "deemed export rule" in the EAR - Export Administration Regulations (or parallel prohibitions in the ITAR or International Traffic in Arms Regulations, which apply to exports of military items), a transfer of technology or source code is "deemed" to be "an export to the home country or countries of the foreign national."

This rule has important implications for any company that employs foreign nationals or has business dealings with foreign companies. Universities can be covered if hosting foreign nationals, if sharing research, or if involved in academic exchanges. Recent revisions to US Citizenship and Immigration Services regulations require human resources personnel to have an understanding of the implications of a “Deemed Export” and understand when the employer/institution might be required to restrict a foreign national's access to any technology until a “Deemed Export” license is obtained. Companies violating the rule with respect to transfers of commercial or dual use technology and software risk civil and criminal fines, potential loss of export privileges, and negative publicity. 

This afternoon program provides an overview of the deemed export regulations, proposed revisions, and measures and practices necessary for compliance. The presentation covers the exceptions to the regulations and suggest ways to structure a compliance program so that company, university and research staff are aware of the regulations and their responsibilities.  Presenters include attorneys from Dorsey & Whitney and Ater Wynne LLP, and the Export Compliance Manager from OHSU.

Fee:  $125 for the first individual from a company / $100 for additional registrants from the same company (must register and pay together to qualify for the discount)