Deemed Export Regulations: Introduction

Under both the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR), the ability of persons or entities to release of controlled technology and technical data to foreign persons (including those physically located within the United States) is significantly limited without relevant licensing and/or authorization.

 

Importantly, these limitations apply to the employer-employee relationship as well.  Under the EAR and ITAR, an employer cannot release controlled technology or technical data to a foreign employee, even if the employee is physically located within the United States and does not move or otherwise transfer such technology/data outside of the country.

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