To transfer items, software, or technology, or to provide defense services outside of US territorial boundaries or to provide technology or defense services to a foreign national within the US territorial boundaries (referred to as a "deemed export "). The method by which technology is transferred (i.e., hard copy, electronically, verbal, by observation, or demonstration, etc.) will be irrelevant.
Exporting Technology Abroad (some examples)
- Physical shipments of tangible items (regardless of origin) outside the US. This includes returning samples to their owners.
- Hand-carrying items during international travel
- Emailing technical data or software to recipients in foreign countries
- Allowing foreign entities access to download technical data or software
- Providing technical services or assistance to foreign entities
Exporting Technology Within the U.S.
- See Deemed Exports
As defined under the ITAR, 22 C.F.R. § 120.17, Export means:
“(1) An actual shipment or transmission out of the United States, including the sending or taking of a defense article out of the United States in any manner;
(2) Releasing or otherwise transferring technical data to a foreign person in the United States (a ‘deemed export’);
(3) Transferring registration, control, or ownership of any aircraft, vessel, or satellite subject to the ITAR by a U.S. person to a foreign person;
(4) Releasing or otherwise transferring a defense article to an embassy or to any of its agencies or subdivisions, such as a diplomatic mission or consulate, in the United States;
(5) Performing a defense service on behalf of, or for the benefit of, a foreign person, whether in the United States or abroad; or
(6) A launch vehicle or payload shall not, by reason of the launching of such vehicle, be considered an export . . . . However, for certain limited purposes . . . , the controls . . . may apply to any sale, transfer or proposal to sell or transfer defense articles or defense services.”
As defined under the EAR, 15 C.F.R. § 734.13, Export means:
“(1) An actual shipment or transmission out of the United States, including the sending or taking of an item out of the United States, in any manner;
(2) Releasing or otherwise transferring “technology” or source code (but not object code) to a foreign person in the United States (a “deemed export”);
(3) Transferring by a person in the United States of registration, control, or ownership of:
(i) A spacecraft subject to the EAR that is not eligible for export under License Exception STA (i.e., spacecraft that provides space-based logistics, assembly or servicing of any spacecraft) to a person in or a national of any other country; or
(ii) Any other spacecraft subject to the EAR to a person in or a national of a Country Group D:5 country.”
 The list of countries that are part of Country Group D:5 are provided in the EAR. 15 C.F.R. § 740.1, Supplement No. 1.