"Deemed Export" Laws Restrict Sharing Information with Foreign Nationals

By Casino, Bruce J. | Journal of Research Administration, April 2005 | Go to article overview

"Deemed Export" Laws Restrict Sharing Information with Foreign Nationals


Casino, Bruce J., Journal of Research Administration


Heightened Security for Information Sharing

Among the many new security restrictions that have surfaced in the United States in recent years, one area that universities and educational institutions need to watch closely are laws that limit whether foreign nationals working or studying at U.S. universities may be exposed to secret or sophisticated technology, otherwise referred to as "deemed exports." Foreign nationals are identified essentially as all persons who are not U.S. citizens or permanent residents. This includes visiting scholars and foreign students.

This issue first became a significant concern for Americans back in the 1950s when attention focused on a talented foreign student who had studied aerospace engineering and mathematics at the Massachusetts Institute of Technology (MIT) and the California Institute of Technology (Caltech). That student, Qian Xuesen, later became the "father" of China's nuclear weapons program. The U.S. government has since recognized that little difference exists between exposing a foreign engineer, or even an intern, to sensitive technical data and putting that data directly into the hands of foreign governments. U.S. laws have increased regulations regarding deemed exports, and relevant agencies are now beginning to impose large fines and criminal penalties that can cause companies and universities public embarrassment.

Some experts in this area are estimating that federal agents plan to make between 40 and 60 visits to research universities in the upcoming months to investigate deemed exports (Flanagan & Carnegie, 2004). In 2004 the Department of Defense issued a troubling report concluding that the Department of Commerce's Bureau of Industry and Security (BIS) does not have "adequate processes to identify unclassified export-controlled technology and to prevent unauthorized disclosure to foreign nationals" (United States Department of Defense [U.S.D.O.D.], 2004). The report also stated that at least two government contractors and one university granted foreign nationals access to unclassified export-controlled technology without an export license or other authorized approval or exemption. The report criticized universities that were relying on the terms of contracts with the government in addressing access by foreign nationals and were not examining their practices in light of the deemed export laws and regulations.

The two federal agencies that administer most of the regulations by which deemed exports are controlled are the BIS and the Department of State's Office of Defense Trade Controls (ODTC). Unfortunately, having two different agencies oversee this one area causes a significant amount of confusion and makes the regulations difficult to understand, often duplicative and unnecessarily burdensome.

In a nutshell, the BIS propagates and administers the Export Administration Regulations (EAR), which cover dual-use exports. Any software or technology that is subject to the EAR and is released to a foreign national is considered an export to the home country of the foreign national and termed a deemed export (U.S.D.O.D., 2004). Software or technology can be exported by a visual inspection of U.S. equipment and facilities by foreign nationals, oral exchanges of information, or through the application of personal knowledge or technical expertise. These exports include those with both commercial and military or strategic uses as well as those with wholly civil uses. A release of controlled technology to a foreign national who is not a permanent resident of the United States is thus deemed an export. For this reason, American universities and colleges that employ foreign workers or admit foreign students to work on technology research must be conscious of the laws concerning deemed exports. These regulations apply to foreign nationals working for U.S. companies and universities both abroad and within the United States.

These deemed export laws are specifically aimed at foreign nationals and the knowledge and technological skills they may acquire while working and going to school in the United States. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

"Deemed Export" Laws Restrict Sharing Information with Foreign Nationals
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.