Technology & Deemed Exports
In a university research setting, export-controlled "technology" presents a significant challenge for compliance.
The different regulatory frameworks use slightly different terminology (e.g. ITAR refers to it as "technical data"), but the general implication is that when the U.S. Government places export controls on certain items or equipment, it also seeks to control the information required to "develop," "produce," and/or "use" that equipment.
The application of export controls is a process that is almost always detail-specific, and with a renewed focus on emerging technologies of interest to national security, beset with frequent revisions and updates. Although universities must ensure compliance with export controls on all types of technology, "development" in the context of emerging technologies presents the most significant challenge when balancing the costs of compliance against the risk of inhibiting the pursuit of science.
In addition, the technology 鈥渞equired鈥 to develop, produce, or use a controlled item remains controlled at the level indicated according to the ECCN, even when the application of the technology is intended for items controlled at a lower level.
Deemed exports
If information is subject to export controls as a technology or software, then transferring or releasing that information to a foreign national, even within the United States, is deemed to be an export to that person's country of most recent citizenship or permanent residency. When evaluating research projects that do not qualify for FRE (or any other exemption from export controls), the Office of Export Controls (OEC) will assess and classify the technology and software involved, review the citizenship of all intended researchers, and advise the PI on how to secure compliance. This might include the application for a deemed export license, or the implementation of access controls in the lab if the circumstances do not indicate a timely or successful license from the government.