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.