Hiring Foreign National Laboratory Staff and Interns
Depending on your division and the position description, the new hire may be exposed to export controlled information as a function of his/her job (a good example is IT administrators, who have access to all files in a given network/system). If your activity involves, or may involve, access to confidential/sensitive/proprietary technical data or software, then you need to conduct an export review (see checklist directly below) of the position to determine if an export license would be necessary to hire a foreign national. Depending on the types of technology (EAR, ITAR, NRC, etc.) involved, certain nationalities may be expressly prohibited while other nationalities would not require a license. Having this information on export control requirements would inform your recruitment process.
Note: With respect to the recruitment of individuals whose positions require compliance with federal export control access and/or use restrictions, such recruitment may require that only U.S. Persons (as defined by and in the U.S. export control regulations) perform the responsibilities and functions being recruited for.
Export Review Checklist for all Foreign National Hires:
- Would this person have IT administrator responsibilities and/or access?
- Does the research activity/project restrict or prohibit the participation of foreign persons?
- Does the research activity/project require DOE, sponsor, or other approvals prior to publication or release of research data or research results?
- Would this person be provided access (regardless of whether or not access to such commodities or technology are within the scope of their duties) to equipment, materials, software, and/or technical data in any form specifically designed or developed for military or space applications?
- Would this person be provided access (regardless of whether or not access to such commodities or technology are within the scope of their duties) to any of the following:
- Technical information that has been stamped Export Controlled, Official Use Only (OUO), Controlled Unclassified Information (CUI), or Sensitive but Unclassified (SBU);
- Proprietary (to sponsor or third-party) technology for the development of cryptography;
- Proprietary source code of any kind (this includes licensed software but not OSS);
- Nonpublic equipment user manuals/documentation, especially those that contain information on repair, overhaul, or refurbishment of equipment; or
- Proprietary, confidential, sensitive, or any information* subject to nondisclosure agreements, of a technical nature in the science, technology, or engineering fields.
*Exceptions: Such information is provided to LBNL: 1) under a non-disclosure agreement that explicitly prohibits export-controlled information, materials, or software; 2) under an RFP that explicitly prohibits export controlled information, materials, or software in any response; or 3) as part of proposal documentation that, notwithstanding its designation as “proprietary or confidential,” does not in fact contain any technical data that is not already published or otherwise publicly available.
If you answered “Yes” to any of the five questions, contact email@example.com for assistance in determining if an export license is necessary to hire foreign nationals to this position.
Existing Research Staff
The same concerns regarding deemed exports apply to existing foreign national staff. If your activity involves, or may involve, access to confidential/sensitive/proprietary technical data or software, then you need to conduct an export review (see checklist above) of each position held by a foreign national to determine if an export license would be necessary.
See Also: Foreign Visitors