Export Controls & Sanctions
Deemed Export
Also known as: Deemed Re-export
A deemed export is the release of controlled technology or technical data to a foreign national inside the exporter's own country, which the export-control rules treat as if the information had been shipped to that person's home country. This means that simply giving a foreign employee, visitor, or contractor access to controlled designs, source code, or know-how can require a license, even though nothing physically crosses a border. The concept obliges companies with international staff or research collaborations to control access to sensitive information as carefully as they control physical shipments.
The rule that surprises people most: releasing controlled technology to a foreign person inside the United States counts as an export to their country. No goods move and no border is crossed. Hiring, lab access and even a screen-share can trigger it — and the test is narrower than it sounds, because green-card holders are not foreign persons for this purpose.
Where it matters for compliance
- A release of controlled technology to a foreign person in the U.S. is deemed an export to that person's most recent country of citizenship or permanent residency — 15 CFR § 734.13(b). U.S. citizens, lawful permanent residents and protected individuals are not foreign persons for this purpose.
- License requirements can attach to employment and site access, not only to shipments.
Related terms
Reviewed by a licensed customs broker. Definitions are general information, not legal or customs advice for a particular shipment. Duty rates, tariff programs and agency requirements change frequently.