Export control dual citizenship. We can help you to comply with U.

Export control dual citizenship Aug 26, 2020 · The United States imposes export controls to protect national security interests and promote foreign policy objectives related to dual-use goods through implementation of the Export Administration Regulations (EAR). 17) By: Jenny Hahn, Vice President, FD Associates, Inc. government department or agency; or UK or Australian Authorized Users identified in the Defense Export Control and Compliance System (DECCS) (after having completed an enrollment process initiated through their respective national-level governments). ) law; export control regulations; national and economic security; and DOE program-specific policies, requirements, and objectives. , “Green Card”); or (2) is granted U. To include dual use items; items Aug 15, 2011 · The US Department of State has finalized and published amendments to the International Traffic in Arms Regulations (ITAR) regarding dual nationals and third-country nationals employed by recipients of controlled goods and technology. Export controlled technology is "released" for export when it is: a) made An export license or other authorization may be required to export, re-export, or transfer items that are subject to export control restrictions. deemed export laws to avoid civil fines, denial of export privileges, criminal fines and even imprisonment. export control system known as the Export Control Reform Initiative (ECRI), which established four goals: a single licensing agency for dual-use items and munitions, a single control list, a single agency for export control enforcement, and a single integrated information China’s export control law was first implemented in December 2020, and Beijing has now announced a detailed implementation rule that will become effective Dec. May 27, 2011 · New export control rules on dual and third-country nationality not likely to ease ITAR compliance burdens on non-US entities Dec 16, 2019 · The US Congress has authorised the president to control the export of a range of commodities, technology and services and impose economic sanctions. Sep 20, 2018 · The Department’s investigation determined that Clifford Chance’s unlawful practice of excluding otherwise qualified non-U. The Dec 4, 2024 · China's Ministry of Commerce (MOC) on Tuesday announced a decision to tighten the control over the export of relevant dual-use items to the United States, to safeguard national security and interests and fulfill non-proliferation and other international obligations. citizen to information about export-controlled technology, even in the U. The delivery of U. borders is deemed by U. The U. citizen-only hiring policy when a position involves working with export-controlled items/information and, more generally, may not discriminate in their application of citizenship verification Apr 20, 2023 · Despite those export control requirements, the DOJ’s new guidance clarifies that the ITAR and EAR do not contain employment or hiring requirements and that using those requirements as a basis for making hiring, firing, or recruiting decisions based on workers’ citizenship, immigration status, or national origin is illegal. An export may not involve a product at all. The Jul 21, 2025 · Any activity regardless of funding type may be subject to export controls if it involves the actual export or “deemed” export of any item that is either “ dual use ” (commercial in nature with possible military application or inherently military. Citizenship and Immigration Services (USCIS) revised Form I-129, Petition for a Nonimmigrant Worker. The Regulations provide that: exporters will need a licence for dual-use items listed in the export control list; the commercial administration department of China’s State Council will establish a risk management system to evaluate and […] Dec 3, 2024 · China's Ministry of Commerce on Tuesday announced measures to tighten its control on the export of relevant dual-use items to the US, as part of efforts to safeguard national security and BXA has prepared these guidelines for exporters to use in submitting license applications for foreign nationals pursuant to the “deemed export” rule. Due to a miss in the collection of nationality information, you find out a country group E:1 national was onboarded two weeks ago without the proper deemed export license. In what activities may I need to take precautions? What happens if a project is export-controlled? How does the Department of Commerce treat personnel with dual citizenship? What is the Department of State’s definition of a foreign national? (Mississippi State uses the term "non-U. Any research activity may be subject to export controls if it involves the actual export or "deemed export" of any goods, technology, or related technical data that is either 1) "dual use" (commercial in nature with possible military application) or 2) inherently military in nature. Understanding these regulations is essential for legal compliance and effective risk management. citizens from the document reviewer positions was based on the law firm’s misunderstanding of the requirements of the International Traffic in Arms Regulations (ITAR). As noted above, if the individual is a naturalized citizen or permanent resident of the United States, the deemed export regulations do not apply. export control laws, the release of data to an individual who is not a U. borders, is deemed by U. borders, is deemed to be an export to the recipient's country of permanent residency or citizenship. Such disclosure… Dec 7, 2020 · Generally, technologies subject to the Export Administration Regulations (EAR) are those which are in the United States or of U. , an entity outside the United States) may reexport technology or source code subject to the EAR outside the United States to dual or third country national without an additional license issued by BIS or the application of an EAR license exception if: You are authorized to receive the technology or source code at How is a foreign national citizen who has obtained permanent residence status or dual citizenship treated for export control purposes? It depends on which regulations apply to the circumstances. The Control List is considered as the Chinese version of the US Entity List. 4601 et seq. Oct 3, 2018 · AUTHORITY FOR EXPORT CONTROLS Export Control Reform Act (ECRA) of 2018, Pub. 1. This new section requires petitioners that seek to employ certain nonimmigrant workers to review the May 16, 2011 · As a part of the President's Task Force on Export Control Reform, the previous policy regarding the treatment of dual nationals and third-country nationals employed by approved end users was re-evaluated. Most are proprietary. Individual and global. export control laws and regulations. The Regulations come into force on 1 December 2024. Export Control Reform Initiative In 2009, then-President Obama announced the launch of a comprehensive review of the U. 13 (b)) The U. L. and its subsidiaries (collectively, “Tufin,” “we” or the “Company”) to comply with all applicable trade control laws and regulations in all countries in which the Company does business (including countries through which shipments or financial transactions flow). Rutgers Export Control will provide a Deemed Export Certification review to determine if an export license is required. Management has approved the hiring, and your Human Resources manager has drafted the job posting. The Arms Export Control Act, which is implemented Dec 8, 2022 · Note that dual citizens can get a security clearance provided that they overcome potential concerns about foreign preference and foreign influence. Guide to Complying with U. Section 734. Feb 6, 2025 · Both the Export Administration Regulations (EAR) and the International Traffic-in-Arms Regulations (ITAR) restrict deemed export transfers. Export Control and Immigration and Anti-Discrimination Laws To comply with the various U. Citizenship and Immigration Services (USCIS) published a revised version of Form I-129, Petition for Nonimmigrant Worker, that includes a new Part 6, Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States. The most significant of these revisions would scale back the longstanding approach toward determining the nationality of foreign persons, to an approach more in line with the May 31, 2023 · Access to such information is in accordance with DoDIs 8500. Any release in the Unites States of “technology” or source code to a foreign person is a deemed export to the foreign person’s most recent country of citizenship or permanent residency (EAR 734. According to the OSC, an employer that implements a document verification process to determine only a new employee's immigration or citizenship status to comply with export control laws is unlikely to violate the anti-discrimination provision if the document verification process is separate and distinct from the employment eligibility A deemed export refers to the release, transfer or transmission of information or technology to any foreign national in the U. In general, remember to always exercise caution when dealing with CUI or ITAR data. Exports of dual-use goods and technologies—as well as some defense articles—are licensed by the Department of Commerce, munitions are licensed by the Department of State, and restrictions on exports based on U. This review is required by the United States Citizenship and Immigration Services and is part of the visa approval process managed by the Rutgers Global Office. g. The potential for “deemed exports” or Licenses are required for the release of controlled “technology” or “source code” to a foreign person only if a license is required for the export (or reexport, as noted above) of such items to that foreign person’s most recent country of citizenship or permanent residency (Certain license exceptions may apply. The comments […] Commerce Control List: A list of “dual use” items, materials, software, and technology, subject to export regulation, maintained by the Department of Commerce that can be used both in military and other strategic uses (e. The Bureau of Industry and Security (BIS) is comprised of two elements: Export Administration (EA), which is responsible for processing license applications, counseling exporters Feb 6, 2020 · Collectively, these recent DOJ cases demonstrate that employers cannot seek to comply with U. Chemical and Biological Controls Multilateral Export Control Regimes India High Technology Trade Advisory Opinions Lists of Parties of Concern Denied Persons List Entity List Unverified List Military End User (MEU) List Consolidated Screening List Country Guidance Iraq Sanctioned Destinations North Korea Syria Cuba Iran Russia-Belarus Pakistan May 20, 2011 · As part of the ongoing U. origin, in whole or in part. ) Oct 31, 2013 · Legacy BIS Dual and Third Country National Reexport Guidance In general, you (e. Jul 31, 2023 · The Commerce Department’s Export Administration Regulations govern “dual-use” items. as tourists, students 2 days ago · These updates reflect the EU’s efforts to harmonize its export controls with recent decisions and commitments under multilateral export control regimes, such as the Wassenaar Arrangement (WA), Missile Technology Control Regime (MTCR), Australia Group (AG) and Nuclear Suppliers Group (NSG). Technologies which tend to require licensing for transfer to foreign nationals are also dual-use (i. sanctions are administered by the U. The manual provides guidance on export control and academia, focusing on compliance with regulations and responsibilities in international trade. ) Oct 22, 2024 · China has issued new regulations governing export controls on dual-use items. Information on this page does not create any privileges, benefits, or rights, substantive or procedural, enforceable by Sep 25, 2025 · The United States imposes export controls to protect national security interests and promote foreign policy objectives related to dual-use items and less-sensitive military items through the Export Administration Regulations (EAR) (15 CFR Parts 730 – 774). soil. 2(b)(ii) of the Export Administration Regulations (EAR) defines “export” to include a release of technology or software to a foreign national and considers such release to be a “deemed export” to the home country of the Apr 9, 2025 · Effective from 12:01 pm Thursday, the export of dual-use items to these 12 companies will be prohibited, while any ongoing related export activities must stop immediately, according to the Ministry of Commerce. Consignees must Jan 2, 2025 · China’s Ministry of Commerce (MOFCOM) announced on Thursday that it has decided to impose export control measures on 28 US entities, including General Dynamics, prohibiting exports of dual-use Jan 24, 2025 · On Nov. export control regime comprises several different licensing and enforcement agencies. e. [1] Mar 27, 2021 · Dual use items that are subject to regulation but are not identified on the CCL are termed "EAR99. , have both civil and military applications) and are subject to one or more control regimes, such as National For dual nationals, the Commerce Department generally considers the last place of permanent residence or the last place citizenship was obtained to be the nationality for purposes of determining the country coverage under the deemed export rules. US Department of the Treasury (Office of Foreign Assets Control) Oct 1, 2024 · Employers must also disclose the need for an export control license to the U. Feb 4, 2022 · On February 2, 2022, the Department of State, Directorate of Defense Trade Controls (DDTC) issued a proposed rule (87 FR 5759) that would make multiple revisions to the International Traffic in Arms Regulations (ITAR). " Dual use items may require an export license depending on the item, the recipient, the recipient's citizenship or country of destination, and the item's application. Foreign Nationals and Deemed Exports Did you know? A product does not have to travel across the U. Dec 28, 2024 · • other necessary measures as deemed appropriate. export control system is diffused among several different licensing and enforcement agencies. These regulations are designed to safeguard sensitive data, including military, defense, and dual-use technologies, from unauthorized foreign access and proliferation International Traffic in Arms Regulations (ITAR) is a set of U. Export controls are typically designed to promote national security, foreign policy, and multilateral Jan 20, 2025 · A U. 46 issued on December 3, 2024. government increasingly is focused on the compliance of universities with these laws and regulations Introduction BIS has prepared these guidelines for exporters to use in submitting license applications for foreign nationals pursuant to the "deemed export" rule. 1324b (a) (3). Oct 21, 2024 · China unveiled a set of regulations on export control of goods and technologies that could be used for military purposes. export controls under the Export Administration Regulations (EAR) primarily related to “dual-use” items (items with both potential civil and military/intelligence application) and those items subject to multilateral non-proliferation controls (items that can contribute to chemical Therefore, for cases of dual citizenship potentially involving countries requiring specific authorization under Part 810, persons should seek advice from DOE. For individuals who are citizens of more than one foreign country, or have citizenship in one foreign country and permanent residence in another, as a general policy, the last permanent resident status or citizenship obtained governs. (Title 15 CFR 700-799) Commerce places destination (country) and end-user/user-based controls by requiring prior authorization (license) prior to export. In other words, he or she is not subject to the provisions of the deemed export regulation. Nov 17, 2023 · National general export authorisations. Are there any . These actions included new restrictions on the Interactive Commerce Control List Search and filter Export Control Classification Numbers (ECCNs) within the category and product groups of the Commerce Control List, Supplement No. China’s pursuit of military modernization through its national “military-civil fusion” (MCF) strategy deliberately blurs and Licenses are required for the release of controlled “technology” or “source code” to a foreign person only if a license is required for the export (or reexport, as noted above) of such items to that foreign person’s most recent country of citizenship or permanent residency (Certain license exceptions may apply. foreign investment review process. This includes all persons in the U. The revised Form I-129 and subsequent editions contain Part 6, Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States. What’s New in the Guidance? Supplement 1 to Part 748 provides guidance for filing an EAR license application of any type. export control laws to be an export to the recipient's country of permanent residency or citizenship. Apr 9, 2020 · The scenario happens all the time: Your engineering department has identified a need for more personnel who will work with export-controlled information. 115-232, Title XVII, Subtitle B. citizenship; or (3) is granted status as a “protected person” under 8 U. person- or U. This is the PRIMARY export control issue facing university research. Dec 8, 2020 · In other words, he or she is not subject to the provisions of the deemed export regulation. Jan 20, 2025 · Under the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR), defense export controls are a key tool to safeguard technologies that provide a critical military or intelligence advantage to the United States. Apr 21, 2023 · Under U. Why is this required? Export control laws are federal regulations that govern how certain information, technologies, and commodities can be transmitted overseas to anyone — including U. A deemed export refers to the sharing or release of controlled technology or source code to a foreign person within the United States. 20 Apr 4, 2024 · Export Control Regulations play a vital role in safeguarding national security and promoting fair international trade by regulating the export of sensitive commodities and technologies. laws and regulations governing immigration, anti-discrimination, and export controls, companies must navigate the confusing legal landscape connecting these areas. citizens and U. These are hardware, materials, equipment, software, technology, and technical data having both civilian and military or defense applications. citizens — or to foreign nationals on U. export control laws by instituting a U. Person, even within U. In addition, the Study with Quizlet and memorize flashcards containing terms like The regulatory agency that oversees export controls related to commercial and dual-use items is:, The Fundamental Research Exclusion (FRE) can be applied:, When traveling internationally, an individual: and more. Feb 24, 2025 · Access to export-controlled information within the United States is meticulously governed by federal regulations, primarily the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). It may be used to export to any consignee in 26 countries, as long as consignees and end-users of the goods or technology exported are located in those countries. Specifically, the proposed rule would modify relevant portions of the definitions of export (ITAR §120. national security and further its foreign policy goals, […] Feb 14, 2022 · On February 2, 2022, the Department of State published a proposed rule that, most significantly, would amend provisions of the International Traffic in Arms Regulations (“ITAR”) affecting how the nationality of foreign persons is determined for purposes of deemed exports/reexports. Department of State regulations that control the export of defense and military technologies to safeguard national security and further its foreign policy objectives. , nuclear) and commercial applications. Two US government agencies – the Department of State and the Department of Commerce (DOC) – play primary roles in this process. 1 to Part 774 of the EAR. There are several steps employers can take to assess the export control implications of a particular hire without running afoul of the anti-discrimination laws, and importantly, employers are not prohibited from inquiring about citizenship and immigration status entirely. The below guide should help companies understand the intersection of these laws and regulations and provides The United States imposes export controls to protect national security interests and promote foreign policy objectives. ITAR is less strict than security clearance, so the fact that it doesn't care about dual citizenship at all is not surprising. deemed exports The Export Administration Regulations (EAR) define a deemed export as the release of technology or source code United States Department of Commerce, Bureau of Industry and Security (BIS) BIS regulates and enforces U. Deemed Export A release of export-controlled technology or software source code to a Foreign Person in the United States. China’s Ministry of Commerce officially announced the one-year suspension of implementation of six dual-use export-control announcements issued on October 9, 2025, and part of Announcement No. Our system of export controls was designed to protect U. The Department of State’s Directorate of Defense Trade Controls (DDTC) is responsible for licensing exports of Aug 15, 2011 · The US Department of State has amended the International Traffic in Arms Regulations (ITAR) to create a new exemption for intra-company transfers that involve dual or third-country nationals. The current export control regulation system involves two sets of regulations — the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). Dec 7, 2020 · If an item authorized for shipment under Authorization VEU as an “eligible item” no longer requires a license for export, reexport, or transfer (in-country) to VEU eligible destinations as the result of a change to the Commerce Control List (Part 774 of the EAR), then the conditions and limitations of the VEU program and of the VEU’s Any foreign national is subject to the “deemed export” rule except a foreign national who (1) is granted permanent residence, as demonstrated by the issuance of a permanent resident visa (i. This Trade Control ECRA reflects congressional concerns about dual-use technology trade and concurrent concerns about foreign investment in sensitive sectors resulting in simultaneous reforms of the U. citizens with dual citizenship. Guidance & Frequently Asked Questions This page provides guidance and answers to common questions, helping users understand and navigate the Export Administration Regulations (EAR) and the Bureau of Industry and Security's licensing and regulatory processes and procedures. 23, 2010, U. The law firm refused to consider otherwise qualified non-U. What is less widely understood, however, is that the release of data even within U. border to be considered an export. For individuals who are citizens of more than one foreign country, or have citizenship in one foreign country and permanent residence in another, as a Jul 29, 2024 · Unlike in the export controls context, screening under these other national security regimes may permit unrestricted assessment of a candidate’s citizenship or national origin information, depending on the applicable legal or contractual standards. S. Best Practices to Avoid Discrimination Don’t state in job advertisements or otherwise tell job applicants that export control regulations require applicants to have a specific citizenship, immigration status, or national origin. Instructions for Export Control Compliance Questionnaire Drexel engages in research and educational activities that may involve the development or use of products, goods, hardware, software, materials or technology that may be subject to U. May 13, 2021 · Goal & Objectives Goal: The goal of this webinar is to provide you with a basic understanding of the US Export Control System, which includes both International Traffic in Arms Regulations (ITAR), managed by the State Department, and Export Administration Regulations (EAR), managed by the Commerce Department. export control laws to be an export to the recipient's country of nationality or citizenship. For dual nationals, the Commerce Department generally considers the last place of permanent residence or the last place citizenship was obtained to be the nationality for purposes of determining the country coverage under the deemed export rules. Export Control and Sanctions Compliance Policy It is the policy of Tufin Software Technologies, Ltd. , may be treated as an export. A deemed export is treated as an export to that person's country of citizenship. person") How does the Department of State define a dual The release of data to a foreign person, even within U. companies that rely on importing Key definitions you'll need to know when working with export controls. [8] The law firm was ostensibly trying to avoid ITAR violations related to “deemed exports” by employing the overly restrictive hiring requirements. Control List The 2020 Export Control Law first introduced the Control List and the reasons for adding to the Control List were further expanded in the 2024 Dual-Use Items Export Control Regulation. Exports of dual-use goods and technologies—as well as some military items—are licensed by the Department of Commerce, munitions are licensed by the Department of State, and restrictions on exports based on U. Naturally, any CUI that falls within the scope of ITAR cannot be shared with foreign nationals. What about a “foreign national” who is a permanent resident of France and a citizen of Iran? Export controls are for National Security, protecting US technology advantage over adversaries Intelligence provides insights on the capabilities adversaries are attempting to gain Export Questions How do I know if a technology is export controlled and what are the implications for non-US persons? You are the export compliance officer at technology company designing and developing microchips classified as 3A001. Department of Commerce, through the Bureau of Industry and Security (BIS), regulates the export of dual-use items—those with both commercial and military applications—under the EAR. Simply exposing a non-U. These are issued by Member States if they are consistent with existing EU general export authorisations and they do not cover the export of dual-use software and technology to certain countries (Annex II G). The ministry added that in special cases where export is deemed necessary, the exporter must apply for approval. Mar 1, 2024 · Where do the export control laws originate? The U. A regulated export is thereby "deemed" to take place to the Foreign Person's home country or last country of citizenship. You are responsible for obtaining required export authorizations, as well as for complying with all other applicable export compliance obligations, related to products sold on Amazon. Citizenship and Immigration Services when sponsoring foreign employees for certain work-authorized visa statuses (for example, H-1B status). C. export control reform effort, on May 16, 2011, the State Department’s Directorate of Defense Trade Controls (DDTC) published a final rule in the Federal Register easing restrictions under the International Traffic in Arms Regulations (ITAR) on dual and third-country national employees of approved foreign businesses, government entities and international Basically, any research activity may be subject to export controls if it involves the actual export or "deemed" export of any goods, technology, or related technical data that is either 1) "dual use" (commercial in nature with possible military application) or 2) inherently military in nature. 02 and export control regulations, as applicable. 01 and 5200. These laws apply to individuals and organizations and to commercial and research activities. 2 (b) (ii) of the Export Administration Regulations (EAR) defines "export" to include a release of technology or software to a foreign national and considers such release to be a "deemed export" to the home country of the What are Export Controls and Economic Sanctions? Export controls are laws and regulations that may restrict, prohibit, and require reporting of transactions involving the movement of tangible and intangible items across borders, or in some cases, amongst individuals of different citizenship. What could go wrong? Export controls and anti-discrimination laws require employers to navigate an often-overlooked fine line when recruiting Dec 21, 2021 · The release of data to a foreign person, even within U. I need to ship something to my collaborator. Part 6 must be completed for certain Form I-129 petitions postmarked on or after Feb. Dec 7, 2020 · If an item authorized for shipment under Authorization VEU as an “eligible item” no longer requires a license for export, reexport, or transfer (in-country) to VEU eligible destinations as the result of a change to the Commerce Control List (Part 774 of the EAR), then the conditions and limitations of the VEU program and of the VEU’s On November 23, the U. Under federal immigration requirements, employers must ensure that risk-based review and approval process for foreign national access consistent with United States (U. Mar 5, 2019 · The U. Under these Dual-Use Export Control Regulations, the overall dual-use good control mechanism and the export license application process will remain unchanged, but other restrictions will impact U. This is in response to last year’s proposed rule to eliminate the separate licensing requirement for dual national and third-country nationals employed by licensed end-users. In 2011, the ITAR was amended to address concerns from US foreign partner nations concerning violation of their privacy laws, as a result of questions raised by US companies related to the nationality of persons assigned to work on ITAR programs and receive ITAR regulated data or hardware. Department of the Treasury Tell workers who require access to export-controlled information or source code that you are verifying citizenship or immigration status to determine if export authorization is necessary. sanctions are administered by the Department of the Treasury. Aug 12, 2020 · To comply with the various U. 50 U. participates in a multilateral export control regulation system. Dec 3, 2024 · China's Ministry of Commerce on Tuesday announced a decision to tighten the control over the export of relevant dual-use items to the United States. May 8, 2025 · Banner Marking for Specified Authorities: CUI//SP-EXPT Banner Marking for Basic Authorities: CUI Category Description: Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. citizens and dual U. We can help you to comply with U. 30. The Trump Administration used the export control system primarily to counter China-related technology concerns. Foreign Nationals & Research Whenever teaching or research is related to controlled equipment or technology, foreign students' or researchers' involvement may trigger export control compliance issues. Export Permits and Export Controls Multiple destination permit for dual-use items Summary This type of permit may be used to export most dual-use items controlled in Group 1 and in Item 5504 of the Export Control List. export-controlled data in a foreign country to a permanent resident or citizen of a third country can be deemed a re-export to that third country. Nov 13, 2025 · China has announced measures to tighten controls on the export of specific dual-use items to the United States, in order to safeguard its national security and interests, according to information released on Tuesday by the Ministry of Commerce. pyfmn nlnd jfoh jehuxoo lsdd kvfb zpq fyc oyovs afcoh ndukj yzuyj fcmwu kaa jsf