Using the Deemed Export Rule to Avoid Litigation
Under US export law, a foreign national in the US is not allowed to have visual access to technology of US origin if that technology cannot be legally exported to the home country of that foreign national without a US export license. Visual access to controlled technology by a foreign national in the US is a “deemed export” of that technology to the home country of that foreign national, even though the technology never left the US. Since US companies must comply with US-deemed export rule regarding foreign Nationals as mandated by US law, the deemed export rule can be used as an affirmative defense in employment litigation if a foreign national claims discrimination on hiring or firing related to deemed exports. This presentation will provide updated information about the US export deemed export rule and the use of Export Control Classification Numbers (ECCN) to determine if the rule is applicable to your company's product or technology.