Building an Export Compliance Program for a Technology Company: A Practitioner's Guide to Classification, Deemed Exports, and Licensing
By Casey Scott McKay ·
This guide builds an export compliance programme for a company whose principal exports are technology, software, and know-how rather than hardware. It starts with governance and the technology control plan, then works classification - jurisdiction, ECCN, encryption, and the documentation that makes a classification defensible. It sets out how to map foreign person access to controlled technology across repositories, meetings, contractors, and cloud infrastructure, and how to handle deemed export licensing without creating an immigration discrimination problem. It covers restricted party screening and sanctions geolocation, licence exception documentation, recordkeeping, audit, and the voluntary self-disclosure decision. It closes with the patent-side workflow for foreign filing licences and the transactional interactions.
IP and Technology > IP and IT in Corporate Transactions | Guide | Published 9 May 2025 - Updated 14 July 2025 | Casey Scott McKay - marksy.us
Summary. This guide builds an export compliance programme for a company whose principal exports are technology, software, and know-how rather than hardware. It starts with governance and the technology control plan, then works classification — jurisdiction, ECCN, encryption, and the documentation that makes a classification defensible. It sets out how to map foreign person access to controlled technology across repositories, meetings, contractors, and cloud infrastructure, and how to handle deemed export licensing without creating an immigration discrimination problem. It covers restricted party screening and sanctions geolocation, licence exception documentation, recordkeeping, audit, and the voluntary self-disclosure decision. It closes with the patent-side workflow for foreign filing licences and the transactional interactions.
Keywords: export compliance program · technology control plan · jurisdiction determination · ECCN classification · encryption self classification · deemed export licensing · foreign person access mapping · repository access controls · restricted party screening · sanctions geolocation · license exceptions documentation · recordkeeping · internal audit · voluntary self disclosure · training · foreign filing license docketing · secrecy orders · CFIUS critical technology · contract covenants · offshore development
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