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Foreign National Licensing

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). As allowing foreign national employees access to export controlled items is considered an export to the employee’s country of citizenship, 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 often outweigh the cost of obtaining the necessary licensing.  Additionally, if you have foreign national employees it is important to have a 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 to it. Training of all supervisors of foreign employees should also be conducted annually.

 

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