A deemed export occurs when technology or technical data is released to a foreign national within the U.S., even without a physical item leaving the country. Braumiller Law Group explains that these transfers are crucial because they fall under U.S. export control regulations, such as the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). Non-compliance with these regulations can result in significant penalties and reputational damage for companies.
A deemed export occurs when technology or technical data is released to a foreign national within the U.S., even if no physical item leaves the country. It's crucial because these transfers are subject to U.S. export control regulations (like EAR and ITAR), and non-compliance can lead to significant penalties and reputational damage for your company.
Braumiller Law Group assists companies by providing I-129 Part 6 export due diligence reviews, conducting technology access controls and risk assessments, and developing robust Technology Control Plans (TCPs). We also specialize in classifying technology under EAR and ITAR and licensing technology transfers to ensure your operations remain compliant with evolving regulations.
A Technology Control Plan (TCP) is a documented system designed to safeguard controlled technology and technical data from unauthorized access or transfer, particularly to foreign nationals. If your company handles sensitive technology or data subject to export controls, a TCP is essential to demonstrate due diligence and mitigate the risk of deemed export violations.
Correctly classifying your technology under the Export Administration Regulations (EAR) or the International Traffic in Arms Regulations (ITAR) is fundamental for compliant technology transfers. These classifications determine the specific licensing requirements, restrictions, and controls that apply, directly impacting how you can share or transfer technical data and technology, even domestically.