Deemed Export Regulations: Licensing and Other Compliance
Though most technology and technical data is not controlled for export or release to foreign persons, entities, and governments, if the technology or technical is in fact controlled, then a license may be required.
To ensure that such technology/data can be released or exported to foreign persons, the petitioner must apply for a license with the US Department of Commerce and/or the State Department.
Under existing US law, the exporter or discloser of controlled technology/technical data must determine whether export or release licenses are required for the specific technology/technical data that they intend to provide to foreign persons. If an exporter or discloser fails to acquire the required licenses, the blame (and corresponding punishment) falls squarely on them.
This requires the submittal of a of a “deemed export” certification.
Do bear in mind that there are additional complications if your firm employs foreign persons. Though you may not currently require licensing for release to such foreign persons, if these employees take on additional responsibilities or if their role is changed, then you will likely have to submit a form to notify the relevant government departments, and if necessary, apply for a license.