What is a deemed export?

A deemed export refers to the situation where a foreign national in the United States is granted access to controlled or restricted data and technology, which, if it were shared with a non-U.S. person outside the country, would require a license or approval from regulatory authorities. Thus, the focus is on the access that occurs within the U.S. by foreign individuals.

This concept is rooted in export control laws, which aim to safeguard sensitive technologies and information from being accessed by entities or individuals that may pose a security risk. When a foreign national accesses restricted information domestically, it is considered an export because the transfer of that knowledge or technology is still subject to compliance with U.S. export regulations—even though the actual transfer occurs within U.S. borders.

Recognizing deemed exports is critical in ensuring compliance with legal frameworks governing export control and protecting national security.