Question: Scenario: A Chinese customer has requested a visit to the US facility where their material is made for the purpose of viewing the production equipment and seeing the product they purchase being made.This production equipment is used to produce materials controlled both by the EAR and the ITAR. The first items produced on the equipment […]
Question: Our company has an engagement with a U.S. third party to review our Industrial Control System system networking and provide recommendations for future upgrades. I have a couple of concerns that I would like to have reviewed for compliance. We have an executed NDA to protect our IP in place. Ouf third party would […]
Question: We have an OEM based out of Israel who is setting up repair operations in our facility in the U.S. For the test fixture setup, the OEM is sending their employees (who may or may not be a Foreign National) to our location. Would this be considered a deemed export? Or would the fact […]
Question: Our company is hiring an Engineer from Canada and his last citizenship is Canada (but born in Pakistan). The FN Engineer is applying for his visa to come to the United States. Our products are classified under ECCN 9A619/610 or 600 series. Therefore, the FN engineer will be working on 600 series technology. I […]
Question: Our Compliance group would like to consider more robust procedures to ensure that deemed export risk are quickly and consistently addressed. Could you offer me some suggestions? I am wondering how other companies ensure deemed export risks are being managed. Thank you. Answer 1: This covers a lot of ground. Here we go from […]
Question: A green card holding customer with a Chinese passport wants to visit our US factory. I know that US permanent residents are considered US persons under ITAR and EAR. But I thought I had read somewhere there was some type of additional scrutiny when the green card holder was from a country of concern. […]
Question: A US manufacturer purchases a multimillion-dollar machine (classified under 8460 or 8461) from a foreign machine producer, the foreign producer designs and makes the machine at their facility overseas and imports it in two ocean containers to be installed at the U.S. manufacture’s facility in the U.S. If the foreign producer sends their employees […]
Question: Consider the following. A US company employs a Canadian Citizen. The Canadian Citizen was born (birth origin) in Mainland China and gained Canadian citizenship later in life. If this individual is considered for ITAR related projects, he will require access to tech data. In addition, as a highly qualified engineer, he would be engaged […]
Question: I wanted to benchmark at what point in time do you conduct your deemed export reviews for new hires worldwide? (ie post hire/pre start) I am aware of the DOJ advisory letter from 2016, and which questions are asked, but the timing is key. Also, realizing it must be a separate and distinct process […]
QUESTION: Does Mexico have a deemed export rule akin to that found in the EAR? If yes, please share details. ========== Answers: No, Mexico does not have a deemed export rule as in the US. ========== No, Mexico does not have a “deemed” export control rule akin to that of the EAR. Under Mexico’s export […]
QUESTION: We are launching a Deemed Export process. We want to ask the guest for a photo of their passport as proof for residency / origin. Does anyone know if this crosses any privacy laws or possible problems for the company or employee that will view such evidence? I am thinking no, since we are […]
QUESTION: My company uses material classified in Category 1 and other ECCN as a raw material for testing and product R&D. If the scientists, engineers, and similar staff are not US persons, is it a deemed export if they work with the material? If yes, I need an export license for them to perform their […]
