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Discrimination Based on Citizenship

News & Blog

ITAR and EAR regulations require licensing authority for US persons (companies etc.) to export/transfer restricted technical data to non-US person employees. In some instances, such licenses may be denied (i.e. hot section engine technical part data transfers to a foreign national of a 22CFR 126.1 proscribed country). It would seem to be prudent and logical for a company to inquire about the citizenship of potential employees who would require access to restricted technical data. However, nothing in the ITAR or EAR allows for an employer to limit jobs based on citizenship. In fact, it is illegal to limit jobs based on citizenship.  The only questions an employer may ask are: Do you have a legal right to work in the United States? and Will you require sponsorship for an employment visa?  Employers who make employment conditional upon citizenship risk fines and sanctions under the Immigrant and Nationality Act.

(see https://www.justice.gov/opa/pr/justice-department-settles-immigration-related-discrimination-claim-against-honda-aircraft)


This Blog is made available by Wilmarth & Associates for educational purposes as well as to give you general information and a general understanding of export law and compliance, not to provide specific legal advice. This blog is not legal advice and should not be treated as such. You must not rely on this blog as an alternative to legal advice from your attorney or other professional legal services provider. The information provided on this website is presented “as is” without any representations or warranties, express or implied.

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