Certification Pertaining to the Release of Controlled Technology or Technical Data to
Foreign Persons in the United States
Summary
The Export Administration Regulations (“EAR”) (15 CFR Parts 770-774) and the International Traffic in Arms Regulations (“ITAR”)
(22 CFR Parts 120-130) require U.S. persons to seek and receive authorization from the U.S. Government before releasing to
foreign persons (nationals) in the U.S. controlled technology or technical data. Under both the EAR and the ITAR, release of
controlled technology or technical data to foreign persons in the U.S.--even by an employer--is deemed to be an export to that
person's country or countries of nationality. One implication of this rule is that a U.S. company must seek and receive a license
from the U.S. Government before it releases controlled technology or technical data to its nonimmigrant workers.
Requirement to Certify Compliance with U.S. Export Control Regulations: The U.S. Government requires each company or
other entity to certify that it has reviewed the EAR and ITAR and determined whether it will require a U.S. Government export
license to release controlled technology or technical data to foreign persons. If an export license is required, then the company or
other entity must further certify that it will not release or otherwise provide access to controlled technology or technical data to the
beneficiary until it has received from the U.S. Government the required authorization to do so.
Controlled Technology and Technical Data: The technology and technical data that are controlled for release to foreign
persons are identified on the EAR’s Commerce Control List (CCL) and the ITAR's U.S. Munitions List (USML). The CCL is found
at 15 CFF Part 774, Supp. 1.See http://www.access.gpo.gov/bis/ear/ear_data.html#cci. The USML is at 22 CFR 121.1. See
http://www.pmddtc.state.gov/regulations_laws/itar.html. The EAR-controlled technology on the CCL generally pertains to that
which is for the production, development, or use of what are generally known as "dual-use" items. The ITAR-controlled technical
data on the USML generally pertains to that which is directly related to defense articles. Information about the EAR and how to
apply for a license are at www.bis.doc.gov. Specific information about EAR's requirements pertaining to the release of controlled
technology to foreign persons is at www.bis.doc.gov/deemedexports. Information about the ITAR and how to apply for a license
are at www.pmdtc.state.gov. Specific information about the ITAR's requirements pertaining to the release of controlled technical
data is at http://www.pmddtc.state.gov/faqs/license_foreignpersons.html.
PI/Department Important Note: If a foreign national is hired in a position or sponsored to work on a project that does not
currently require licensing, if the employee or visitor assumes additional duties or is assigned to a new project, this form must be
resubmitted listing the new duties or assignment prior to any change occurring. If a license is then required, and if the initial
clearance was in regards to an H-1B petition, the University must file an amended petition with USCIS before s/he begins the work
subject to licensing.
Processing Procedures
1.
The hiring or sponsoring department must complete all applicable sections as listed under the area specified on the form and
return the form to the Student and Foreign National Employment Manager in the Division of Human Resources.
2.
The Student and Foreign National Employment Manager in the Division of Human Resources will upon review determine if:
a.
the employment/visit of the stated foreign national is not subject to the export control certification process – if not, the
foreign national will be requested to complete a Certification Statement for U.S. Residency and Nondisclosure Form
and the principal investigator will be requested to complete a Certification Form to be returned to the Division of
Human Resources – Student and Foreign National Employment Administrator, or if
b.
the employment/visit of the stated foreign national is subject to the export control certification process - if yes, the
form will be forwarded to the Division of Research and Economic Development for further review and clearance
processing.
3.
If 2a is applicable, the student and foreign national employment manager will forward the certification statement form to the
foreign national candidate and principal investigator and upon return receipt of the original forms, the student and foreign
national employment manager will make the appropriate notification and/or send documents to the hiring/sponsoring
department to initiate the hiring/visa/visitor process of the foreign national.
4.
If 2b is applicable, the division of research and economic development (i.e. authorized/designated representative) will review
the information provided by the department to determine if export control licensing is applicable to the
position/employee/visitor. The authorized/designated representative will make the following notifications:
a.
If upon review the export control process is cleared, this form will be signed and returned to the student and foreign
national employment manager in the division of human resources.
b.
If upon review the export control process is not cleared, the hiring/sponsoring/host department will be contacted by
the DORED authorized/designated representative with further instructions/requirements to complete the clearance
process.
Note: If 2b and 4b are applicable, no hiring or visitor request actions can take place until the Division of Research and Economic
Development issue a final determination regarding the export control clearance proceedings.
Export Control (05/30/2012)
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N ORTH C AROLINA
A GRICULTURAL AND T ECHNICAL S TATE U NIVERSITY
Certification Pertaining to the Release of Controlled Technology or Technical Data to
Foreign Persons in the United States
To be completed by the hiring/sponsoring/host department. Please keep a copy of this form for your records.
SECTION I: HOST/SPONSORING DEPARTMENT INFORMATION
School / College / Division
Department Name
Department Contact Title
Contact Number
E-Mail Address
Date of Birth
E-Mail Address
SECTION II: FOREIGN NATIONAL INFORMATION
Last Name
First Name
Middle Name
NC A&T Banner ID #
Country of Citizenship
Country of Lawful Permanent Residence
Telephone Number w/Area Code
Foreign Address (House/Apt. # and Street Name)
City/Town
Providence
Country
Zip Code
U.S. Address (House/Apt. # and Street Name)
City/Town
Providence
Country
Zip Code
SECTION III: VISA STATUS INFORMATION
If no, what visa status is visitor
expected to enter U.S. under?
FN Visitor currently
in U.S.
No
If yes, state current visa
status in U.S.
Date of Arrival
Date Status Expires
(mm/dd/yyyy)
(mm/dd/yyyy)
Yes
SECTION IV: PURPOSE OF VISIT INFORMATION (if applicable to request)
Please state the purpose of this visit.
SECTION V: POSITION INFORMATION
Position Title
Desired Start Date (mm/dd/yyyy)
Duties (all related to job – attach additional sheet if needed)
SECTION VI: FUNDING INFORMATION
Is the employment / visit
sponsored by grant funds?
No
Grant(s)
Begin Date
Grant(s) Title – List All Applicable
Yes
SECTION VII: RESEARCH INFORMATION
Will foreign national work on
a research project?
No
List full Award Account Number
(of sponsored grant/research project)
Yes
Name of Principal Investigator(s):
Contact Number
NCAT.EDU E-Mail Address
HOST / SPONSORING DEPARTMENT SECTION COMPLETED. Thank you!
Export Control (05/30/2012)
Page 2 of 3
Grant(s)
End Date
ADMINISTRATIVE OFFICES USE ONLY: CLEARANCE PROCESS
Student and Foreign National Employment Manager – Division of Human Resources


Foreign National not subject to Export Control Regulations (FN visitor completes noted form* below)
Foreign National subject to Export Control Regulations*
o Export Control Form sent to division of research and economic development on _____________ via
interoffice mail
__________________________________________________________________________________________
Student & FN Employment Manager (Print Name)
Signature
Date
************************************************************************************************************
DORED Authorized/Designated Representative
(Director of Sponsored Programs, Research Compliance and Ethics, or Other)
Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States
Check Box 1 or Box 2 as appropriate:
With respect to the technology or technical data the University will release or otherwise provide access to the foreign
national, the University certifies that it has reviewed the Export Administration Regulations (EAR) and the
International Traffic in Arms Regulations (ITAR) and has determined that:
 1. A license is not required from either U.S. Department of Commerce or the U.S. Department of State to release
such technology or technical data to the foreign national.
 The foreign national is clear and eligible to be hired or to work on the specified research project.
 The foreign national is not eligible for hire or to work on the specified research project.
 2. A license is required from the U.S. Department of Commerce and/or the U.S. Department of State to release such
technology or technical data to the foreign national and the University (hiring department) will prevent access to the
controlled technology or technical data by the foreign national until and unless the University has received the required
license or other authorization to release it to the foreign national.
 The foreign national is clear and eligible to be hired or to work on the specified research project.
 The foreign national is restricted to access any controlled technology or technical data until the
hiring/sponsoring department and division of research and economic development complete the
required actions with the appropriate government agency to receive authorization.
 The foreign national is not eligible for hire or to work on the specified research project.
By signing this document, I confirm that all actions have been taken to ensure compliance with EAR and ITAR
regulations. Unless otherwise notated on this form, the foreign national can be hired or sponsored to work on the
research project as specified on page 2 of this document. Any special instructions or restrictions have been listed
below in the comments area or attached on a separate sheet of paper with my signature and dated.
Print Name
Title
Signature
Date
Comments (if applicable):
*After research compliance officer clear/approve, original Export Control Form is returned to Division of Human
Resources to finalize process. Student and FN Employment Manager completes Export Control process file.
Complete/returned - Certification Statement
for U.S. Residency and Nondisclosure Form*
Received on
FN Visitor
Research
Complete/returned – PI Certification Form
Received on
Export Control (05/30/2012)
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