What Is a Deemed Export? Foreign Nationals and Controlled Technology
A deemed export is the release of EAR-controlled technology or source code to a foreign person in the U.S. Who counts, what is a release, and how to comply.
Guides to ECCN lookup and classification, EAR99, ITAR vs. EAR jurisdiction, encryption controls, licence requirements and sanctions screening, written for the people who have to get the answer right. New to classifying? Start with how to find the ECCN for your product or see how a classification works in the tool.
A deemed export is the release of EAR-controlled technology or source code to a foreign person in the U.S. Who counts, what is a release, and how to comply.
OFAC screening for exporters: which sanctions lists to check, who to screen, the 50 percent rule, clearing fuzzy matches, when to rescreen and what to record.
License Exception TMP covers temporary exports, STA covers allies in Country Groups A:5 and A:6, and GOV covers government end users. Conditions and limits.
ECCN 5A992.c is mass-market encryption released from 5A002 by the Cryptography Note. How 5A002, 5D002 and 5D992.c differ and when ยง 740.17 filings apply.
ITAR vs EAR: the ITAR controls defense articles on the U.S. Munitions List, the EAR controls commercial and dual-use items. Check the USML first, then the CCL.
EAR99 means an item is subject to the EAR but no ECCN on the Commerce Control List describes it. See examples, how to confirm it and when a licence is needed.
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ECCN.help walks an item through ITAR vs. EAR, the Commerce Control List entry and the paragraph it meets, and shows the rule that decided it. Five classifications are included with every account.