A deemed export refers to which of the following scenarios?

A deemed export specifically refers to situations in which a foreign national gains access to restricted data or technology while physically located within the United States. This concept arises from U.S. export control laws that regulate how sensitive information and technologies are shared. Access by a foreign national is treated as an export because it may expose controlled information to individuals who are not U.S. citizens or permanent residents, potentially leading to national security concerns.

In this context, the emphasis is on the physical location of the foreign national being in the U.S. and their ability to interact with or learn from restricted materials, which poses certain legal implications under export control regulations. This highlights that while the transfer of information might not cross borders physically, the access granted to an individual can still be regulated as it might contribute to the dissemination of sensitive technologies outside of the U.S. borders through knowledge transfer.