Research & Development (“R&D”) activities performed abroad by the U.S. based companies, university collaborations, employing non-U.S. nationals for the technical positions, exchanging scientists and technical publications contribute to the economic development in many ways. However, the U.S. Government views the technology and software source code as exported whenever they are released to a non-U.S. national visually, verbally or via any other method whether in the U.S. or abroad, namely deemed export and deemed re-export. Similarly, an export occurs when employees, having obtained personal knowledge or technical experience regarding controlled technology and software source code in the United States, apply that knowledge or experience abroad.
Just as in the regular export, companies can face fines and penalties when they release the controlled technology or software source code to an unauthorized person. Linqs has a solid expertise and understanding of the research and development capabilities of the corporations and universities through our consultants who hold advanced degrees in high-tech industries and actually spent many years of their careers as research & development scientists. Our consultants also have been in the positions of managing the technology and deemed export compliance at several Fortune 100 & 500 companies. In addition, we often interact with the Government agencies regarding the latest developments in the deemed export regulations and provide feedback and input for the possible updates. Linqs’s deemed export compliance program generally covers the following:
- Review and assessment of the controlled technology and software developed and/or handled at the company, organization or the university.
- A deemed export license application to BIS for a non-U.S. national.
- Technology Control Plan development.
- Developing a Non-U.S. national employment and visitor procedure.
- Providing consultancy services to the companies, research organizations, and universities on deemed export and deemed re-export regulations.
- Resolutions of issues with BIS officials regarding the deemed export license conditions.
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