What’s Happening

Even if no physical components are shipped, sharing controlled technical data with U.S. nationals — or accessing U.S.-origin software/code — can trigger “deemed export” violations. Under EAR and ITAR, remote teams or cloud collaborations must be firewalled unless covered by a license.

Why It Matters

With the rise of hybrid teams and international engineers, data residency and access control become critical. Failure to separate access to design documents (e.g., propulsion, encryption subsystems) can breach U.S. export law — even within EU companies.

Technical Compliance Checklist

• Review access control policies for technical drawings, RF designs, and source code
• Use geo-fenced cloud collaboration tools to restrict U.S. national access where needed
• Document employee citizenship and residency for data segregation
• Classify all technical documentation using ECCNs
• Maintain audit trail of code/data exports across national boundaries

Scenarios & Recommendations

Scenario: Hiring U.S.-based engineers to review SDR firmware

Issue: May count as a deemed export of controlled software Recommendation: Determine ECCN, file for a Technology Assistance Agreement (TAA) if under ITAR, or use a technical firewall until licensing is secured.

Scenario: Using GitHub or AWS to host design repos

Issue: Global access can cause export exposure even without intent Recommendation: Move to a compliance-ready platform (e.g., GitLab self-hosted in EU) and enforce access controls via SSO.

Scenario: Partnering with U.S. RF integrator

Issue: RF link budget modeling may require sharing transceiver specs Recommendation: Use NDA + jurisdictional review of the RF spec; delay transmission of sensitive details until EAR99 or CJ confirms non-restriction.