In any academic research setting, there is a high likelihood that foreign students and researchers will be participating in research, and this raises the possibility of an export control issue arising from Deemed Exports. A deemed export is the transfer of a controlled technology to foreign persons, usually in the United States, where the transfer falls under the export control regulations because the transfer is "deemed" to be to the country where the person is a resident or a citizen. Examples of how such technology may be released for export are:
· Participation by foreign national in scientific or engineering research including providing drawings, blueprints, etc.
· Conversations with foreign persons, whether face to face or via telephone or email
· Collaboration or day to day working with foreign persons/interns/consultants
· The application to situations abroad of personal knowledge or technical experience acquired in the United States
· Access to shared network drive that contains controlled technologies
For example, transfer of infrared camera technology to a Chinese national in the United States may require a license as if the transfer of the technology was made to the Chinese national in China. The transfer is thus "deemed" to be to China even though all activities take place in the United States.
In recent years, there is increasing concern in both industry and academia that unintentional violations of United States export control laws may occur as the distinction between military and civilian technology has become blurred, and as industry and academia have become highly globalized and routinely involve foreign nationals. And under recent interpretations of the ITAR with respect to deemed exports, the fundamental research exclusion does not necessarily cover ITAR-controlled technology or technical information or data. Where any aspects of a research project involve equipment, technology or technical information that may be on the Munitions List, it is imperative that the researcher contact ORPA to review the project for any potential export control issues.