Releasing Controlled Technology to Foreign Nationals in the U.S.
An export does not always involve shipping an item outside the United States. Information, technology, and services can be exported—even when they never leave campus.
What is a Deemed Export?
A deemed export occurs when export-controlled technology or source code is released to a foreign national inside the United States. Under U.S. export control laws, this release is treated as an export to the individual’s home country.
Deemed exports are a significant area of export control risk for universities and apply to all UMB activities, not just sponsored research.
What Counts as a “Release” of Technology?
Technology or information may be considered “released” through activities such as:
- Using or handling controlled materials
- Training on controlled equipment or technology
- Sharing controlled data or technical information by email
- Discussing controlled research information in meetings or conversations
Deemed Export Review Procedures
UMB conducts deemed export reviews to ensure compliance with federal regulations. Reviews may include:
- Restricted party screening, which checks U.S. government lists of prohibited or restricted entities
- Assessment of the foreign national’s activities to determine whether export controls apply
Employees and Visa-Related Reviews
For foreign national employees (including those on H-1B and paid J-1 visas), the Deemed Export Control Form is required during onboarding.
This form:
- Identifies activities that may require a U.S. government export license
- Helps determine whether the fundamental research exclusion or another exclusion applies
- Note: Electronic signatures (digital or signed/scanned) are acceptable.
- Deemed export determinations also support the I-129 Visa Petition Certification process.
Campus Visitors
International campus visitors are reviewed as part of UMB’s visitor agreement procedures.
If an international visitor will be escorted and will not sign a visitor agreement (such as a seminar speaker), contact the Export Control Officer for assistance with deemed export compliance.