Deemed exports are exports of technical data or source code to foreign nationals here in the US. An export of technology or source code is "deemed" to take place when it is released to a foreign national within the US. A deemed export can also occur when technology is transferred to a foreign national by allowing use of controlled equipment that meets the “use technology ” threshold.
- Open labs that expose export controlled technology (“visual access” = export for ITAR)
- Lab notes, user manuals, software code, technical diagrams, or “know-how” that is not publicly available or fundamental research .
- Participation in research or meetings involving export controlled technology
Basically, any transfer of non-public technical data or software (written, visual, or audio) to a foreign national in the U.S.
As defined under the ITAR, 22 C.F.R. § 120.17, Deemed Export means:
“Releasing or otherwise transferring ‘technical data’ to a foreign person in the United States.”
As defined under the EAR, 15 C.F.R. § 734.13, Deemed Export means:
“Releasing or otherwise transferring ‘technology’ or source code (but not object code) to a foreign person in the United States.”
 “Software” is defined as “a collection of one or more ‘programs’ or ‘microprograms’ fixed in any tangible medium of expression,” and “Source Code (or source language)” is defined as “a convenient expression of one or more processes that may be turned by a programming system into equipment executable form (‘object code’ (or object language)).” 15 C.F.R. § 772