In the conduct of fundamental research in an academic setting, there is a high likelihood that foreign students and researchers will be participating. This requires the consideration of export control issues that may arise from Deemed Exports, which are transfers of controlled technology to foreign persons, usually in the United States, where the transfer is regulated because the transfer is "deemed" to be to the country where the person is a resident or a citizen. Such technology may be released for export through:
- 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 be regulated 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, increasing concern has arisen in both industry and academia that unintentional violations of United States export control laws could 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.