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ARTICLE · 15 JUNE 2022

Primer On Deemed Export Compliance

When most people think of exports, they imagine the movement of merchandise across international borders.

United StatesInternational Law

When most people think of exports, they imagine the movement of merchandise across international borders. However, an export can happen without having to leave the United States, such as in your office breakroom, by storing unencrypted information in the cloud, or even by sharing your screen on a video call. A "deemed" export occurs when certain types of information are released to a foreign person. This primer seeks to describe the introductory concepts of deemed export enforcement in the United States, which contemplates the rules enforced by the Bureau of Industry and Security ("BIS") under the Export Administration Regulations ("EAR"), as well as the rules enforced by the Directorate of Defense Trade Controls ("DDTC") under the International Traffic in Arms Regulations ("ITAR").

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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