Exports to Non-US Persons in the US

Under both the EAR and ITAR, a transfer or disclosure of controlled software or technical data to a non-US person while in the US is deemed an export to that person’s country of origin, even though nothing is physically leaving the US. Such a transfer or disclosure to a non-US person is often referred to as a “deemed export.” (For purposes of deemed exports, a non-US person is anyone who is not a US citizen or permanent resident, and who has not been granted political asylum or other protected status.)

It is important to understand deemed exports in a university setting because so many students and researchers are non-US persons. For example, let’s say a German researcher is working at the University while in the US on a J-1 visa. A transfer or disclosure of EAR- or ITAR-controlled technology to this researcher at the University is deemed an export to Germany—even though the technology is not actually going to Germany—and may require prior US Government authorization. 

As a practical matter, the University is infrequently required to obtain such authorizations for its non-US students and researchers because the vast majority of its work falls under the “fundamental research” exclusion from the EAR and ITAR. This exclusion is discussed further in the Fundamental Research Exclusion page.