A Foreign National is an individual who is not a United States citizen, a
permanent resident alien of the United States, a lawfully-admitted temporary
resident alien or refugee, or other protected individual as defined by 8 U.S.C.
1324b(a)(3). For purposes of Export Controls, individuals on a student visa or
H1 visa (including foreign visiting faculty) are considered foreign nationals.
The term, foreign national, also includes any foreign corporation, business
association, partnership, trust, society or any other group not incorporated or
organized to do business in the United States, and any international
organization, foreign government or diplomatic entity.
Providing controlled information to a foreign person even
if the person is in the United States would also be deemed to be an export of
that information. A "deemed export" might take place verbally, in writing or
by allowing a foreign national access to physical items, such as equipment or
devices, or computer software from which the person can obtain the controlled
information by inspection or use (see
What is an Export?).
Restrictions on Access by Foreign Nationals in Research Activities
If research involves protected technologies, ITAR and/or EAR may require
you to obtain a license before allowing foreign nationals to participate in the
research or to receive any research related information.
In addition to licensing requirements for sharing information with foreign
nationals, the export laws specify countries to which exports are prohibited (see
List Screening).
Please Note: Regardless of export control restrictions, Federal
Law prohibits foreign nationals of embargoed countries from participation in
federally funded activities.
Before hiring a foreign national to work on any sponsored project, ensure
that no restricted technologies are part of the project.
If a project involves restricted technologies, you must limit or prohibit
foreign participation and seek to control publication.
