Deemed Export Foreign National Checklist

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11 critical items still open - these are the highest-risk gaps.

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Before the offer or visit

Hiring and visitor processes ask for citizenship and permanent residency status earlyCRITICALExport compliance reviews every foreign person role before access is grantedCRITICALThe position or visit is mapped to the technical data and software it will touchCRITICALControlled technical data is classified by USML category or ECCN before the decisionA license, agreement or exemption decision is documented if access is neededCRITICALCounsel is consulted where the person is from a country of concernRecruiters know not to promise access to controlled projects before clearance

Screening and employment forms

The person is screened against restricted party lists and results are retainedCRITICALThe export control attestation on the visa petition form is reviewed by someone qualifiedCRITICALEmployer certification is based on the analysis, not signed by defaultDual and prior citizenships are captured because export rules look at themContractors and staffing agency workers receive the same review as employeesReview is repeated when the person changes projects or status

Access control

A technology control plan describes how the person is kept away from controlled dataCRITICALERP, PLM and file share permissions block controlled projects for the personCRITICALPhysical areas holding controlled drawings or hardware are badge restrictedEmail distribution lists and chat channels are checked for controlled contentShop floor terminals and shared drives are included in the access reviewRemote access and cloud storage are limited for the personVisitors are escorted and sign in and outPresentations and tours are reviewed for controlled technical data

Training and awareness

The person and their manager sign an acknowledgment of the access restrictionsCRITICALManagers know that sharing a drawing verbally or on a screen can be a releaseAnnual export control training covers deemed exports for all staffEmployees know who to ask before sharing technical data with a new colleague

Records and monitoring

The analysis, decision and approvals are filed for each foreign personCRITICALRecords are kept for the period required by ITAR and EAR rulesAccess logs are reviewed periodically for the restricted accountsDepartures and role changes trigger an access recheck the same daySuspected violations have an escalation path and a voluntary disclosure decision processCRITICALThe program is audited at least once a year

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.

Check ERP access for restricted users

Optional: a read-only review of ERP and PLM permissions against a list of restricted users and controlled projects.

Optional. The tool and every export work without this. No spam.

How to use the checklist

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

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.

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

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

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.

Frequently Asked Questions

What is a deemed export?

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?

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?

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?

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.

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.

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Deemed Export Checklist: Foreign National Employees, Interns and Visitors