Employment Of Foreign Nationals
It is a violation of the export control laws for any US person to make unlicensed disclosures of controlled US-origin technologies to nationals of certain countries who do not hold green cards, even if disclosure is made within the United States to a foreign national who is lawfully employed here under a work visa, such as H-1B or L-1. Accordingly, companies and institutions that share their technology with such foreigners (including foreigners employed by independent contractors pursuant to confidentiality agreements) are obligated by law:
- to determine whether disclosures they wish to make to such persons require export licenses; and
- if licenses are required, either
- to obtain such licenses prior to disclosure, or
- to ensure that such foreigners do not have access to the controlled technology.
Export Compliance NE offers free initial needs analyses to persons and entities that share their technologies with such persons. As always, the time to conduct such an analysis is before possibly-controlled technologies are disclosed to such foreigners. For more information, contact email@example.com