Foreign Person Employees

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Stony Brook University (SBU) is a diverse community and  has many foreign person employees across all departments and positions.  In some instance, sharing export controlled information or items may require an export license or documented license exception.

Request an Export Review for a Foreign Person Employee (NetID login required) 

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A foreign person is anyone who is not a U.S. citizen, Permanent Resident (Green Card holder), or person granted asylum/refugee status in the U.S.  A foreign person employed by the university can be in various visa categories (H-1B, O-1, F-1 OPT, and possibly others).

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Export Control Review 

Researchers, as well as faculty and staff, with foreign persons in their areas have an obligation to be aware of export restrictions applicable to the foreign person and access to export controlled information and/or items. 

• Will there be any Deemed Exports?

  A "deemed export" is an export of technology or source code (except encryption source code) to a foreign person within the United States.  

  The Export Administration Regulations (EAR) §734.2(b)(2) states that Technology is ‘released’ for export when it is made available to foreign person by:

  • visual inspection (such as reading technical specifications, plans, blueprints, etc.); or
  • exchanged orally; or 
  • by practice or application under the guidance of persons with knowledge of the technology.

  The International Traffic in Arms Regulations (ITAR) does not incorporate the term “deemed export” but the concept is in the definition of an export and pertains to the release of ITAR technical data and defense services.

  Types of Exports, Deemed Exports Overview

• Will there be access to any International Traffic in Arms Regulations controlled items?

  Foreign person access to items controlled under the ITAR within the U.S. must be reviewed by the Export Control Compliance team for any licensing requirements (see Deemed Exports discussion above). 

• Will there be access to third-party proprietary information?

  Third-party proprietary information may be export controlled.  It is important to have the export classification of third party proprietary information to determine if an export license or documented license exception is required to share the information. 

• Is the foreign person employee from an embargoed or sanctioned country?

  If the foreign person's country of nationality is an embargoed country  (i.e., Cuba, Iran, North Korea,  or Syria) then the  hiring faculty member must consult with the Export Control Compliance team before conducting any research activities.