Export Control:

To send or take controlled tangible items, software, or information out of the United States in any manner (including hand carried), to transfer ownership or control of controlled tangible items, software or information to a foreign person or to disclose information about controlled items, software or information to a foreign government or foreign person.  The controlled tangible item, software or information being sent or taken out of the United States is also referred to as an "export."  

Deemed Export

A release of export controlled technology or software source code to a Foreign Person in the US.  A regulated export is thereby "deemed" to take place to the Foreign Person's home country or last country of citizenship. Export controlled technology is "released" for export either a) when it is made available to Foreign Persons for visual inspection (such as reading technical specifications, plans, blueprints, etc.); b) when technology is exchanged orally; and/or c) when technology is made available by practice or application under the guidance of persons with knowledge of the technology. 

Although the State Department does not use this term, but rather includes this concept as an element of its definition of export (a "defense service"), Valdosta State University will use the term "deemed export" when discussing access by Foreign Persons to export controlled technology or source code on US soil, without regard to which agency may have cognizance over the transaction.

Export

To send or take controlled tangible items, software, or information out of the United States in any manner (including handcarried), to transfer ownership or control of controlled tangible items, software, or information to a foreign person, or to disclose information about controlled items, software, or information to a foreign government or foreign person. The controlled tangible item, software or information being sent or taken out of the United States is also referred to as an "export."

Foreign Person

Anyone who is not a "US Person" (see US Person definition on this page).  Examples of foreign persons are students, post-doctoral scholars, or research staff in F-1 or J-1 status, and Valdosta State University foreign national employees in H1-B status.  A foreign person also means any foreign corporation, business association, partnership, or any other entity or group that is not incorporated to do business in the US. Foreign persons may include international organizations, foreign governments and any agency or subdivision of foreign governments, such as consulates.

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