If you have foreign national employees, it may be necessary to secure BIS or DDTC licensing for those employee to access controlled technical data and/or product. Foreign national employees are employees who are neither U.S. citizens, lawful permanent residents (i.e. Green Card holder), nor an individual who is granted status as a “protected person” under 8 U.S.C. 1324b(a)(3).
Allowing foreign national employees access to export-controlled items is considered an export to the employee’s country of citizenship and both the classification of the items and the employees country of citizenship must be considered when deciding if a license is necessary. While it may be possible to restrict a foreign national employee from controlled technical data and activities, the cost of implementing sufficient controls and the risk of a violation far outweigh the cost of obtaining the necessary licensing.
Additionally, if you have foreign national employees it is important to have an up-to-date technology control plan in place. These controls will allow all employees to know their obligations regarding safeguarding technical data from those who require licensing for access. Training of all supervisors of foreign employees should also be conducted annually.
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.
