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Context: Visitor
Context: Trade
Context: Regulated Access
Export Controls
Controlled Access
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What is a deemed export?

Under the EAR, a release of controlled technology or source code to a foreign person in the United States that is treated as an export under the regulation; ITAR has a related rule for technical data releases.

Last Reviewed: 2026-09-19Plain-English reference · not legal advice

Plain-English Summary

A deemed export is an EAR concept covering certain releases of controlled technology or source code to a foreign person in the United States. ITAR separately treats release or transfer of technical data to a foreign person in the United States as an export. Whether authorization is required depends on the controlled information, the recipient, the applicable country analysis, available exceptions or exemptions, and the governing regulation.

Why This Matters

Facilities that hold controlled technical information need to know where a visitor, employee, contractor, or collaborator could actually receive that information. Physical presence alone is not the regulated event. The risk arises when controlled technology or technical data is released in a way covered by the EAR or ITAR.

Explanation Depth

Concept Explanation

An export can sometimes happen without shipping a physical item. If controlled technical information is released to a foreign person in the United States, export rules may treat that as an export. That does not mean simply walking into the building is an export; the important question is whether controlled information is actually released.

When You'll See This in SecurePoint

SecurePoint Visitor can support the customer’s access controls by capturing relevant status information, applying configured approvals or escort/area rules, and recording the access decision. SecurePoint Trade has separate controlled-data and licensing workflows. Neither product determines by itself whether a specific release is authorized under the EAR or ITAR.

What You Should Do Next

Identify the controlled technology or technical data and the ways it could be released, including access to systems, drawings, technical discussions, or other covered disclosures. When a foreign person may receive that information, have the export-control function determine whether authorization, an exception, an exemption, or another treatment applies before the release. Use physical-access controls as one safeguard within that broader process.

What Can Go Wrong

The classic mistake is assuming nothing was exported because no hardware crossed a border. The opposite mistake is treating every foreign person who enters a building as a deemed export. The governing rules focus on release of controlled technology or technical data, so the analysis must connect the person to the specific controlled information and the type of access.
What is a deemed export? | Compliance Academy | SecurePoint USA