|
Under the Export
Administration Regulations, a release of technology to a person who is
neither an American citizen nor a "protected individual" is
considered (or deemed) to be an export to the home country of the
foreign national. A release of technology may occur in the ordinary
course of employment. For example, visual inspection of U.S.-origin
equipment or facilities, oral exchanges of information, or access to
technology or source code on computer networks would constitute
so-called "deemed exports" to the foreign national's home
country.
Depending on the
foreign national's home country and the type of technology that the
foreign national will use in the ordinary course of employment, we may
have to obtain an export license from the Department of Commerce's
Bureau of Industry and Security in order to grant the foreign national
access to the controlled technology.
People who are
"protected individuals" under the Immigration and
Naturalization Act may be treated like American citizens. Release of
technology to a protected individual DOES NOT trigger the deemed export
rule. Protected individuals include people who are entitled to
permanent residency in the United States (holders of
Form I-551, sometimes referred to as "green cards"). People
who have been granted refugee status or political asylum in the United States
also may be treated like American citizens.
On the other hand,
any person who has a temporary visa issued by the Immigration and
Naturalization Service and a defined work authorization issued by the
Department of Labor DOES trigger the deemed export rule. This includes
any person who has any kind of temporary visa, like an H-1B visa.
In order to prepare
a license application for the export of controlled technology to a
foreign national employee, we must supply specific information. We can
give examples, so that you can see the degree of specificity required
for purposes of filing a complete application. Contact us for more
information.
|
