More On

Technology: Navigating deemed export rules

How to avoid violating U.S. export laws and breaching licenses even when doing business domestically

If you are a U.S.-based company that is either a vendor of technology or simply a user of technology, there are several ways that you can violate U.S. export laws and breach your software licenses, without ever leaving the U.S. or directly shipping any technology outside the U.S. borders.

The Commerce Department’s Bureau of Industry and Security (BIS) established the Export Administration Regulations (EAR), which deal with the export of “dual use” items, including technology and software that have both military and nonmilitary uses. The International Traffic in Arms Regulations (ITAR), established by the State Department, similarly governs “defense articles” and “defense services.” The EAR includes the Commerce Control List (CCL), which assigns an Export Classification Category Number (ECCN) to specific types of items that are subject to export regulation.

Contributing Author

author image

Andy Goldstein

Andrew L. Goldstein is a partner in the Corporate Practice Group of Freeborn & Peters LLP. His areas of focus include multiple areas of intellectual...

Bio and more articles

Join the Conversation

Advertisement. Closing in 15 seconds.