Exports, Re-Exports, Deemed Exports and Foreign Persons

Exports

“Exports” are defined broadly and apply to all activities, regardless of the funding source. Generally, an export means:

  1. An actual shipment or  transmission of items controlled under the EAR or ITAR (such as goods, software or technical data) out of the U.S. (including transfer to a U.S. citizen abroad whether or not it is pursuant to a research agreement with the U.S. Government);
  2. Any written, oral or visual release or disclosure of controlled technology, information  or software to a Foreign Person either in the U.S., which is deemed to be an export to the foreign person's home country ("deemed export"); or
  3. Any actual use or application of controlled technology on behalf of or for the benefit of any foreign entity or person anywhere.

Re-Exports

“Re-Exports” are actual shipments or transmissions of items subject to export regulations from one foreign country to another foreign country. For the purposes of the U.S. EAR, the export or re-export of items subject to the EAR that will transit through a country or countries to a new country, or are intended for re-export to the new country, are deemed to be exports to the new country.

Deemed Exports

”Deemed exports” occur when technology or software source code is released or transmitted to a Foreign Person within the U.S. including through a discussion with a foreign researcher or student. The disclosure or transfer of export controlled software, technologies or technical data to a foreign entity or individual inside the US is "deemed" to be an export to the home country of the foreign entity or individual.

Foreign Persons

“Foreign Persons” are defined under both the EAR and ITAR as any person, corporation,  business association,  partnership,  trust,  society or any other entity or group that is not incorporated or organized to do business in the U.S. as well as international organizations, foreign governments and any agency or subdivision of foreign governments (e.g. diplomatic missions), and anyone who is not a U.S. citizen, a lawful permanent resident of the U.S. (i.e., a green card holder) or who does not have refugee or asylum status in the U.S.

Support for Travelers

Faculty, Staff and Students travelling abroad who may have any equipment, technology, computers or personal devices with information, data or technology subject to export controls should first contact the IT Support Center at 202-994-4948 or email [email protected] for information and support. Please include the country of destination, any specific requirements in terms of application or systems access and the purpose of the visit.

Important Links
Forms
Glossary of Terms
FAQs
Additional Links

Training Requests:
Export Control training for departments, labs, projects or individuals is available upon request by contacting Joyce Webster.

Export Control Questions?
Email:
[email protected]