# Deemed Export Checklist: Foreign National Employees, Interns and Visitors > Source: https://netray.co/tools/deemed-export-foreign-national-access-checklist > Publisher: Netray (netray.co), AI and integration engineering for ERP and manufacturing systems. > Section: Free Tools ## Short answer A 30 item checklist for controlling access to export-controlled technical data by foreign person employees, contractors and visitors. ## Category compliance-legal ## Industry Aerospace & Defense ## Audience - HR manager - Export compliance officer - Facility security officer ## Tool **Kind:** checklist **Groups:** #### Before the offer or visit **Items:** **Text:** Hiring and visitor processes ask for citizenship and permanent residency status early **Critical:** true **Text:** Export compliance reviews every foreign person role before access is granted **Critical:** true **Text:** The position or visit is mapped to the technical data and software it will touch **Critical:** true Controlled technical data is classified by USML category or ECCN before the decision **Text:** A license, agreement or exemption decision is documented if access is needed **Critical:** true Counsel is consulted where the person is from a country of concern Recruiters know not to promise access to controlled projects before clearance #### Screening and employment forms **Items:** **Text:** The person is screened against restricted party lists and results are retained **Critical:** true **Text:** The export control attestation on the visa petition form is reviewed by someone qualified **Critical:** true Employer certification is based on the analysis, not signed by default Dual and prior citizenships are captured because export rules look at them Contractors and staffing agency workers receive the same review as employees Review is repeated when the person changes projects or status #### Access control **Items:** **Text:** A technology control plan describes how the person is kept away from controlled data **Critical:** true **Text:** ERP, PLM and file share permissions block controlled projects for the person **Critical:** true Physical areas holding controlled drawings or hardware are badge restricted Email distribution lists and chat channels are checked for controlled content Shop floor terminals and shared drives are included in the access review Remote access and cloud storage are limited for the person Visitors are escorted and sign in and out Presentations and tours are reviewed for controlled technical data #### Training and awareness **Items:** **Text:** The person and their manager sign an acknowledgment of the access restrictions **Critical:** true Managers know that sharing a drawing verbally or on a screen can be a release Annual export control training covers deemed exports for all staff Employees know who to ask before sharing technical data with a new colleague #### Records and monitoring **Items:** **Text:** The analysis, decision and approvals are filed for each foreign person **Critical:** true Records are kept for the period required by ITAR and EAR rules Access logs are reviewed periodically for the restricted accounts Departures and role changes trigger an access recheck the same day **Text:** Suspected violations have an escalation path and a voluntary disclosure decision process **Critical:** true The program is audited at least once a year **Scoring Note:** Count completed items and weight critical items double. Any unchecked critical item should be closed before a foreign person gets access. Note that US permanent residents and protected individuals are generally not foreign persons under the ITAR, but the EAR uses a different test. Confirm status with counsel. ## Content **Intro:** Releasing controlled technical data to a foreign person inside the United States is treated as an export to that person's country. This checklist helps HR, engineering and compliance keep new hires, interns, contractors and visitors inside the rules. **Sections:** #### How to use the checklist **Body:** Run the checklist once per foreign person role, not once per company. Start with the pre-offer group, because most problems begin when access is promised before anyone reviews the data involved. Mark each item as done, not applicable or open. Critical items stop the process if open. Export the result to PDF and file it with the hiring record so the decision is documented. #### The concept of deemed exports **Body:** Under the EAR, release of technology or source code to a foreign person in the US is deemed to be an export to the person's most recent country of citizenship or permanent residency. The ITAR treats a disclosure of technical data to a foreign person in the US as an export as well, with the definition of foreign person differing slightly. Visual inspection, oral exchanges and ERP access can all count as release. **Bullets:** - Release includes viewing, speaking and system access - Hardware itself is not the problem; technology and data are - The test depends on the data classification and the person's nationality #### Technology control plans **Body:** A technology control plan lays out how a company restricts controlled data: physical separation, IT access control, training and monitoring. It should be specific to the person or project. Your ERP is central to this. Roles and permissions must prevent a restricted user from seeing controlled part numbers, drawings or work instructions, including through reports, attachments and search. #### Common mistakes **Body:** The recurring failures are signing the visa petition export attestation without analysis, giving access first and reviewing later, and forgetting about interns and contractors. Another is relying on a person's current residency while ignoring prior citizenship where the rules look at it. Treat every new foreign person role as a review trigger and keep the paperwork. **Cta:** If you want ERP and PLM permissions checked against a restricted-user list automatically, we can build a read-only access review on your own servers. The checklist is free and complete without it. **Faq:** #### What is a deemed export? **Answer:** A deemed export is the release of controlled technology or source code to a foreign person inside the United States. It is treated as an export to that person's home country, so a license may be needed even though nothing leaves the country. #### Do permanent residents count as foreign persons? **Answer:** Under the ITAR, lawful permanent residents and certain protected individuals are generally not foreign persons. The EAR uses a similar approach for deemed exports but definitions differ. Confirm status for your case with counsel before granting access. #### What is the visa petition export certification? **Answer:** US employers petitioning for certain work visas must certify whether a license is required to release controlled technology or source code to the beneficiary. The answer should come from a documented export analysis, not an automatic checkbox. #### Can a verbal conversation be an export? **Answer:** Yes. Release can happen by visual inspection, oral exchange or system access, not only by sending a file. Meetings, shop floor walkthroughs and screen shares can all release controlled technical data to a foreign person. ## Search terms deemed export checklist, foreign national employee itar, deemed export i-129 certification, foreign person access technical data, export control hiring checklist, foreign national intern export controls, foreign visitor itar checklist, deemed export compliance template --- Talk to an engineer: https://netray.co/contact?intent=erp_ai | Machine catalog: https://netray.co/agent/catalog.json