UB's export control office reminds you to consider compliance costs and be sensitive to potential public policy ramifications when considering the hiring of foreign nationals.
In 2011, the Department of Homeland Security's U.S Citizenship & Immigration Services (USCIS) changed the visa application as regards controlled research, equipment and access to controlled information. Those changes don't prevent the hiring of non-U.S. personnel unless someone is on a government restricted list.
Some non–U.S. workers may face additional export controls due to International Traffic in Arms Regulations (ITAR) and the Commerce Control List (CCL), restricting their access to materials or technology. The restrictions depend on two main factors - nationality of the person and classification of the materials.
For example: a non–U.S. researcher, depending on his/her country of origin, may need an export license in order to access materials because of research interests in biotoxins, aviation technology or cryptography.
Individuals from select countries may need export licenses even for access to common consumer electronics like laptop computers/tablets.
When restrictions apply, the hiring department can develop a Technology Control Plan (TCP) that will prevent violations and allow the individual to begin work. However, there may be costs involved with developing and implementing a TCP, a waiting period for federal export licenses and the possibility that a license might not be granted.
As part of human resources policy, all university employees must present appropriate documentation showing they are eligible to work in the U.S. Foreign nationals frequently use a visa to document their eligibility.
The H-1B and O-1A visas now require the sponsoring investigator or other signee to attest that the visa recipient will not engage in controlled research or work without a license when handling controlled equipment and materials. This includes unlicensed access to controlled information.
While UB Immigration Services handles the visa application process, the export control office reviews any investigator or administrator attestations to decide if there are additional issues or if a Technology Control Plan (TCP) is needed.
The person signing the Deemed Export Attestation form manages the visa application process and does the following:
If the visa recipient is working with controlled research, technology or materials, there should be a TCP in place until licenses can be obtained through the departments of State and Commerce.
If you need help, please contact your department export control liaison or the export control office.
Submit by e-mailing a signed copy to email@example.com
Contact us if you answer yes to either question.
1. Is the candidate from an embargoed country?
2. Is the candidate going to be working with restricted materials or items that may have a military/defense application?