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New BIS Conditions for Foreign National Licenses

News & Blog

Export Compliance Audits

If you have foreign national employees, you are required (with very few exceptions) to secure BIS (Bureau of Industry and Security) or DDTC (Department of Defense Trade Controls) licensing in order for those employees to access controlled technical data and/or products.  Foreign national employees are employees who are neither U.S. citizens, lawful permanent residents (i.e. Green Card holders), 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 a deemed export to the employee’s country of citizenship.


The Department of Commerce added further requirements for exporters applying for new foreign national licenses and license renewals. Applicants are now required to report any change in immigration status, in the type or status of a visa, employment status and the reason for the change, and any change in the technical data to which the foreign national employee is exposed. Applicants must report to BIS annually in the calendar month of the yearly anniversary of the issuance of the license. Even if there is no change, the company must report that to BIS. Failure to do so could result in the revocation of the license. Please contact us with any questions regarding your foreign national licenses and how we can assist you in obtaining and maintaining your foreign national licenses.

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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