What are Deemed Exports? Watch Our Video
Updated: Jun 9
Transferring regulated technology or computer code to a foreign person in the United States is considered a Deemed Export. Deemed exports are regulated by the Bureau of Industry and Security (BIS) under the Department of Commerce. Deemed exports are typically utilized by universities, high technology research and development institutions, bio-chemical firms, medical organizations and companies in the computer sector.
BIS does not regulate technology or software that arises from fundamental research that is meant to be published. This research is often simply defined as scientific research that is shared with the respective community. If a researcher decides to privatize the technology or software related to their findings in any way, sharing this product with a foreign individual will likely prompt BIS regulation. BIS offers a list of 5 transaction activities that are not considered exports, reexports or transfers specifically regarding deemed exports.
The process of obtaining a license for a deemed export is slightly different than that of a regular good. Before releasing the technology or software an exporter must file a special form known as the BIS-748P. Additionally, the exporter must include a letter explaining the use of the technology or software and a resumé of the individual who will be receiving the deemed export.
Ready to Learn More About CBP, OFAC,
BIS, and FDA? - for free! Details below.
We have dozens (literally!) of videos in our educational library on our You Tube channel related to importing, exporting, US Customs, BIS, OFAC, FDA, NFTs, and so much more. Subscribe to our channel now to stay up to date on the latest on these topics!
Our law firm helps growing companies who import and export comply with government regulations. We love what we do and we take our oath of confidentiality over your matters very seriously. How much? Watch this video to learn about it. CLICK HERE
Wondering "why should you have an attorney on your side?" Click here to watch one of our attorneys, Susan Steinman, break down the critical benefits as to why you want to have one on your side - whether you hire us to help you or another law firm.
Have questions? We are determined to help you.
We listen carefully to clients to ensure our understanding of the legal issues at hand, their factual context, and any limitations that might impact a chosen strategy. Feel free to connect with us using the contact form at the bottom of the Home page or send us an email at firstname.lastname@example.org.