Deemed Exports

Policies and Guidance

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.

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

Visa Deemed Export Certification

The U.S. Citizenship and Immigration Services (USCIS) recently issued a new form I-I29 that requires a change in procedures when the University hires a foreign person as faculty and staff. A key change to the form is the inclusion of a “Deemed Export Attestation,” which requires the petitioner (i.e. the University) to certify whether visa petitions for certain classes of foreign person work visas will require a license or other government authorization for the release of export-controlled technology or technical data to the foreign person in the United States during their employment. Under the export control laws, the transfer of such information is “deemed” an export to the country of origin of the individual with whom you are communicating.

Harvard International Office Visa Intake Form

To meet this requirement, the University’s visa application now includes a “Deemed Export Certification.” This certification must be signed by the Principal Investigator or Department Chair and the School’s Compliance Officer, attesting whether or not a deemed export license is required prior to the release of technology or technical data to the foreign person.