|
My company
wants to employ an Indian foreign national who spent three
years working for an Indian organization that is on the Entity
List. May I do so? Do I require a license? If he or
she is properly documented for work in the United States, you
may employ him or her. You must apply for an export license
if you intend to release technology listed on the Commerce
Control List which would require a license for export to India.
An Indian
foreign national who is on sabbatical from an Indian organization
that is on the Entity List wants to work with our firm in our
executive training program where we will discuss proprietary
technology which is not controlled to India. We have
had an ongoing exchange of executives and scientists from this
organization for years. Do I require a license? Yes,
you are required to apply for a deemed export license. Under
the sanctions imposed by the U.S. Government, any export which
includes transfers of technology to foreign nationals requires
a license to organizations on the Entity List. Because the
Indian foreign national is still employed by the organization
that is on the Entity List, a technology transfer to him or
her is considered a technology transfer to the employer organization.
Note that the sanctions apply to any technology subject to
the Export Administration Regulations (EAR).
Our university
has several departments that are conducting research under
contract with private corporations. Some of this research is
controlled "development" technology. We often have researchers
(visiting faculty, post-graduate fellows, and research assistants)
who are foreign nationals working on controlled "development" technology
research. Does the university need to apply for a deemed export
license? It depends. You need to look at the research
and the contract terms for release of the results of the research.
If there are no conditions placed on the research, and it is
the intent of the research team to publish its findings in
scientific literature, then it is considered "fundamental research," and
no license is required. If the contract requires that the private
corporation review the findings of the research team with the
intent of controlling what results are to be released in open
literature, then the research is considered proprietary, and
a license is required.
Our university
does research under U.S. government sponsorship. We may have
foreign national researchers working on this. Is a deemed export
license required? Under the Export Administration Regulations
(EAR), U.S. government sponsored research is handled very much
like corporate sponsored research. It may be "fundamental research",
or it may be proprietary (See Question 22). See §§ 734.8
and 734.11 of the EAR for details. In addition, some U.S. government
data my be subject to separate restrictions on dissemination
such as security classification.
|
