Technology and Export Law

AuthorCharles M. Miller/Daniel Brown/Marcine Anne Seid
ProfessionFounding partner of the Miller Law Offices, Studio City, California/Partner in Fragomen, Del Rey, Bernsen & Loewy LLP's Washington, D.C./Principal attorney of the Seid Law Group, Palo Alto, California
All U.S. employers are required to comply with foreign export control laws as set forth in
the Export Administration Regulation (EAR)1 and International Trafc in Arms Regula-
tion (ITAR).2 An employer may violate foreign export control laws if certain technology,
software, and information is exported to a foreign country or released to a foreign national
within the United States unless a license can be obtained.3
Under the EAR, an export is dened as an actual shipment or transmission of items subject
to the EAR if it leaves the United States and goes to a foreign country. Also, an export
can be a release of items subject to the EAR to a foreign person within the United States.4
Although the item subject to the EAR does not physically leave the United States, the release
of an EAR- subject technology to a foreign national within the United States is deemed to
be an export to the home country or countries of the foreign national.5 Therefore, employ-
ers that hire foreign nationals within the United States must have an understanding of the
“deemed export” rule and take measures to prevent the export of EAR- controlled items,
technology, or software or to obtain the necessary export licenses from the Bureau of
Industry and Security (BIS).6
1. 15 C.F.R § 734.
2. 58 Fed. Reg. 39283 (July 22, 1993).
3. 15 C.F.R § 734.
4. 15 C.F.R § 734.2(b).
5. 15 C.F.R. § 734.2(b)(3)(i).
6. B  I  S (BIS),
and Export Law

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