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DEEMED EXPORT. Pamela Rary, Legal Affairs Fall Meeting of the General Faculty October 8, 2002. Export Controls: When Applicable. Technology not EAR99 – is subject to Export Regulations No License Exception applicable to particular program Not in the Public Domain. Export Controls: Release.
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DEEMED EXPORT Pamela Rary, Legal Affairs Fall Meeting of the General Faculty October 8, 2002
Export Controls:When Applicable • Technology not EAR99 – is subject to Export Regulations • No License Exception applicable to particular program • Not in the Public Domain
Export Controls:Release • Release is making technology or software available to foreign nationals, visually orally or by practice or application under guidance of persons with knowledge of the technology.
Export Controls:Deemed Export • An export of technology or source code is “Deemed” to take place when released to a foreign national within the U.S.
ExportControls:License Required • License is required when intent is to transfer controlled technology to foreign nationals in the U.S. and a license would be required if the foreign nationals home country would require a license.
Export Control:Foreign National • Deemed export rule does not apply if: • Green Card • U.S. Citizenship • Political Asylum