The new guidelines that set forth stricter punishments for export regulation violations are creating headaches for universities looking to bring foreign students and instructors on board. The guidelines are also generating legal work for attorneys.

Under the so-called deemed export rule, information and equipment featuring technology applicable to both military and civilian life are export controlled. Also, almost all university foreign students are now considered foreign nationals and are thus subject to the new rules. The guidelines have created more complexity, though the circumstances that constitute a violation remain narrow.

“You are not exporting technology by letting someone use the equipment,” Ballard Spahr partner Beth Moskow-Schnoll stated. “The person has to be able to install it, maintain it, access the manual and learn everything about the equipment. Only then, if you have all those factors, is it considered use technology subject deemed export rule.” Ms. Moskow-Schnoll also said that penalties are avoidable as long as people stay abreast of the export rules: “A lot of avoiding penalties is being aware of the rules. The law is not easy because you have to go through the list and find certain classifications or categories. There needs to be awareness out there.”