[Content courtesy of the Harvard School of Public Health]

Generally, any item (commodities, software or technology, technical
information, blue prints, design plans, circuit boards, etc.) subject to
the Export Administration Regulations (EAR) that is shipped or
transmitted from the United States to a foreign destination is an
export.  In addition, technology, know how, and non-encryption
source code that is released to foreign national within the U.S. is
“deemed” to be an export to the country where the person is a resident
or citizen and could be subject to licensing requirements.  This is what
is commonly known as the “deemed export” rule. 

Example: The transfer of infrared camera technology to a Chinese
national in the U.S. may be regulated as if the transfer of the
technology was made to the Chinese national in China.   The transfer is
thus “deemed” to be to China even though all activities take place in
the U.S.

Exclusions to the deemed export rule:

Fundamental Research Exclusion (FRE)

Educational Research Exclusion

Published Information Exclusion

More information about Deemed Exports can be found in the FAQ at the Bureau of Industry and Security.