DEEMED EXPORT ATTESTATION

Mario Rojo del Busto, LL.M.

Assistant Dean of Faculties

Director, International Faculty & Scholar Services

CONTROLLED TECHNOLOGY OR TECHNICAL DATA

Export

OUTSIDE THE U.S.

Deemed INSIDE THE U.S.

Export

WHO DOES DEEMED EXPORT CONTROL AFFECT?

H-1B TNH-1B1 J-1O-1A E-3

F-1F-1/OPT

IF ACCESS TO TECHNOLGY OR TECHNICAL DATA IS RESTRICTEDA LICENSE IS REQUIRED

THE I-129 NONIMMIGRANT FORM

DEEMED EXPORT CONTROL ATTESTATION

Part 6 of the I-129 form

Specialty Occupation Aliens (H-1Bs)

Aliens of Extraordinary Ability (O-1As)

SO FAR NO FILING OF EVIDENTIARY DOCUMENTATION REQUIERED IN SUPPORT OF ATTESTATION

THE FEDERAL ATTESTATION ON FORM I-129 Part 6

With respect to technology or technical data the petitioner will release or otherwise provide access to the beneficiary, the petitioner 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 the U.S. Department of Commerce or the U.S. Department of State to release such technology or technical data to the above named foreign person; or

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 person and the petitioner will prevent access to the controlled technology or technical data by the named foreign person until and unless Texas A&M University has received the required license or other authorization to release it to the named foreign person.

THE INTERNAL ATTESTATION

THE INTERNAL ATTESTATION

Executed by hiring supervisor

• Responsibility CANNOT be delegated

• MUST have direct knowledge and accountability for job duties and responsibilities

• SIGNED under penalty of perjury

• TAMU is RELYING on internal attestation made by supervisor

WHAT ARE YOU REQUIRED TO DO?

REVIEW + CERTIFY + DETERMINE + STATE + SIGN

Review Regulations

Certify the review

Make a determination: license/no license ?

If license is required, state prevention

WHAT ELSE ARE YOU REQUIRED TO DO?

• Document how you arrived to the determination that an export control license is/is not required

• Keep all documentation for the length of the nonimmigrant petition

• Provide IFSS with a copy of the documentation

DOCUMENTING YOUR DETERMINATION

Memorialize the effort in a written memorandum

Background information on the research/work - What is the work the foreign national is doing/will be doing?

- What is your involvement in the project/work? - What type of technology/software/technical data is there?

Document efforts in arriving to the licensing determination- You reviewed the federal regulations, what did you find?

- Did you take any online courses for this purpose?- Did you discuss the technology/technical data/software with colleagues or

the RCO to clarify concepts?- Does the technology/technical data fall under public domain, fundamental

research, education exclusion?

IMPACT OF THE LICENSE ONFOREIGN NATIONAL’S EMPLOYMENT

POTENTIAL DELAYS IN FILING • Complex review and determination• Potential for Request for Evidence

OUTSIDE THE U.S.A.• Visa issuance delays• Visa Mantis Check

IN THE U.S.A.• Employment delay based on license issuance

• Restrict access to controlled technology/technical data

MATERIAL CHANGES IN EMPLOYMENT• Amending petition????

PENALTIES

EXPORT CONTROL VIOLATION PENALTIES

Civil up to $500,000 per violation

Criminal up to $1,000,000 per violation

Up to 20 years in prison

Debarment from U.S. government contracts

Denial of export privileges

CONCEALMENT OR INTENTIONAL MISREPRESENTATION ON I-129

Civil & Criminal penalties

SOME RESOURCES

• Export Control TAMUS online training module 2111212 “Export Control & Embargo Training” available on TrainTraq login at https://sso.tamus.edu/Logon.aspx.

• Texas A&M University, Office of Research Compliance Telephone: 979-458-1467

• Texas A&M University System Office of General Counsel• System Policy 15.02• BIS deemed exports resources

http://www.bis.doc.gov/deemedexports/• ITARs FAQs

http://www.pmddtc.state.gov/faqs/license_foreignpersons.html• BIS training module on “Complying with US Export Controls”

http://www.bis.doc.gov/seminarsandtraining/complying_usexpctrl_webinars.htm

THANK YOU !!

ANY

QUESTIONS?