Deemed Re-Exports
Overview
A deemed reexport occurs under the Export Administration Regulations (EAR) when controlled technology or source code is released outside the United States to a foreign person of a country other than the country where the release occurs.
Although nothing is physically shipped from one country to another, the release is treated as a reexport for purposes of determining applicable U.S. export control requirements.
Deemed reexports may arise in international research environments involving multiple foreign national researchers, international collaborators, foreign research institutions, or other activities involving access to export-controlled technology or source code outside the United States.
The Office of Research Security (ORS) assists researchers in determining whether a proposed activity may involve a deemed reexport and whether a license, license exception, or other authorization is required.
REQUEST AN EXPORT CONTROL REVIEW
Deemed Re-Exports at a Glance
| Topic | Information |
|---|---|
| Primary Regulation | Export Administration Regulations (EAR) |
| Occurs When | Controlled technology or source code is released outside the United States to a foreign person of another country |
| Common Research Setting | International collaborations, overseas research locations, foreign laboratories, and projects involving multiple foreign national researchers |
| Related Concept | Deemed Exports |
Common Considerations
For example, export-controlled technology located at a research institution outside the United States may be released to a researcher who is a national of another country.
The applicable requirements depend on the technology or source code involved, the location of the release, the recipient, and the recipient's applicable nationality or nationalities.
A deemed export occurs when controlled technology or source code is released to a foreign person within the United States.
A deemed reexport occurs when controlled technology or source code is released to a foreign person outside the United States under circumstances regulated by the EAR.
Both concepts involve the release of controlled technology or source code rather than the physical shipment of equipment or materials.
See the Deemed Exports guidance for additional information about releases occurring within the United States.
A deemed reexport may arise when:
- A researcher outside the United States provides controlled technology to a foreign national researcher from another country.
- An international collaborator provides controlled source code to additional foreign national personnel.
- Controlled technology is shared among researchers of different nationalities at an overseas research location.
- A foreign research organization provides additional personnel access to controlled technology previously received from the United States.
- Controlled technology or source code is made available through remote or electronic access outside the United States.
Most University research activities do not involve deemed reexports because they do not involve technology or source code subject to applicable EAR controls.
No.
Whether a license or other authorization is required depends on factors that may include:
- The export control classification of the technology or source code.
- The country where the release occurs.
- The foreign person's applicable nationality or nationalities.
- Applicable destination-based controls.
- End-user and end-use restrictions.
- Available license exceptions or other authorizations.
- Other provisions of the EAR.
The EAR also identifies certain activities that are not considered deemed reexports when specified regulatory conditions are satisfied.
ORS evaluates the applicable regulations and circumstances before determining whether authorization is required.
International Research Considerations
Deemed reexports are most likely to arise when export-controlled technology or source code has already been transferred outside the United States and additional individuals subsequently require access.
Researchers should consider:
- Who will have access to controlled technology or source code.
- Where each individual will be located.
- Whether new researchers or collaborators will be added.
- Whether access will be provided remotely.
- Whether the original export authorization limits access by particular individuals or nationalities.
- Whether a Technology Control Plan or other access restrictions apply.
Researchers should not assume that an authorization allowing one foreign person or organization to receive controlled technology automatically permits further access by additional individuals.
How ORS Can Help
ORS assists researchers with:
- Determining whether a proposed release constitutes a deemed reexport.
- Reviewing the classification of technology or source code.
- Evaluating foreign-person access to controlled technology.
- Determining whether a license or other authorization is required.
- Identifying applicable license exceptions or other regulatory provisions.
- Reviewing the conditions of existing export authorizations.
- Developing or updating Technology Control Plans when required.
- Providing export control consultations and training.
Frequently Asked Questions
Are deemed reexports common in University research?
Generally, no. Most University research does not involve export-controlled technology or source code. Deemed reexport considerations are more likely to arise when controlled technology has been transferred outside the United States and additional foreign national personnel require access.
Can a deemed reexport occur within the United States?
No. Under the EAR, a release of controlled technology or source code to a foreign person within the United States is addressed as a deemed export. A deemed reexport involves a qualifying release outside the United States.
Does a deemed reexport require shipping equipment?
No. A deemed reexport may occur through the release of controlled technology or source code without any physical shipment.
Can remote access create a deemed reexport issue?
Potentially. Providing a foreign person located outside the United States with access to controlled technology or source code may constitute a release subject to the EAR.
Federal Resources
For current federal requirements regarding deemed reexports, see:
- Bureau of Industry and Security (BIS) – Reexports and Exports from Abroad
- Export Administration Regulations, 15 CFR § 734.14 – Reexport
- Export Administration Regulations, 15 CFR § 734.20 – Activities That Are Not Deemed Reexports
Need Assistance?
If export-controlled technology or source code has been transferred outside the United States and additional foreign national researchers, collaborators, or personnel will require access, contact ORS before providing access.
ORS can determine whether the proposed release constitutes a deemed reexport and whether a license, license exception, or other authorization is required.