Issues and Challenges
The issue of a deemed export usually arises around the transfer of sensitive information, often in the university or research setting. According to the US Export Administration Regulations (EAR), the release of some types of sensitive technology or source code to certain foreign nationals within the United States is deemed an export to the home country of the foreign national. Specifically, a deemed export occurs when US technology is made available to foreign nationals by verbal communication, visual inspection or in practical use within or outside the United States.
Those organizations dealing with sensitive information must obtain an export license when they intend to transfer controlled technologies to foreign nationals in the United States; and when transfer of the same technology to the foreign national's home country would require an export license. Furthermore, that foreign national must not be on any government-issued restricted party list before disclosure occurs.
How Amber Road Can Help
Amber Road's Export Management solution manages deemed exports in the following ways:
Conducting global trade is enormously complex due to regulatory controls and reporting requirements. Companies must stay in compliance.
Amber Road’s solutions automate all compliance functions. Our solution performs restricted party screening against blacklists, determines import and export license requirements, generates shipping documents to file with government agencies and creates a complete audit trail.
"By deploying Amber Road's Export On-Demand solution, the University of Miami has improved its higher education and research compliance processes, helping meet today's regulatory compliance mandates."
Export Compliance Officer
University of Miami