Most companies recognize that U.S. export control laws apply to shipments of products or technical data out of the United States to another country. Despite recent efforts by the U.S. Department of Commerce to increase awareness about how the export control rules apply to other transactions, however, some companies still do not realize that the sharing of technology or source code with a foreign national is also an export – even when the foreign national is within the United States. Under the “deemed export rule” in the Export Administration Regulations (EAR), a transfer of technology or source code (except encryption source code) is “deemed” to be “an export to the home country or countries of the foreign national.”
Update: Professors take note!
[Hat tip: Sabrina]
Trade Diversion 