This website has been designed to help you understand and comply with United States export control regulations. Additional information on various export control topics can be found by visiting the Research and Innovation Office website.
If your work involves export-controlled technology, your employment may be contingent upon obtaining an export license from the Department of State, Commerce or Treasury. Assistance can be obtained by contacting the Export Control office by email or by contacting the Office of Research Integrity Export Controls at 303-492-2889.
Participating in Research Projects
In some cases, depending on the nature of the research work, individuals may be restricted from participating in the research activity altogether, even once they have arrived in the U.S.
- They might need a license from the export organizations in the U.S. Department of State or the Department of Commerce (or possibly, some other government agency) in order to participate in the desired research. Usually, this only is needed if there is research support under a contract that requires approval from the sponsor to publish the research results.
- If the project involves classified information or items, the individuals may need a security clearance.
- There could also be a problem if, in order to participate in the intended manner, the person would need access to information or computer software (e.g., from the sponsor or other research organizations) that is subject to certain controls under the export regulations.
- Controlled information might be obtainable by access to certain equipment, devices or materials; therefore needed access to such items might be controlled under the regulations. If such access is needed, licenses might be required from the government.
- Depending upon the country of the foreign nationals, the government may have a policy of denying licenses with regard to certain types of technology or in general.
Important Considerations
- During the candidate selection and hiring process, identify any export control regulations or issues that would prevent the individual from obtaining approval for an employment-based visa, special licenses, or security clearances needed to perform the job.
- If you select a foreign national employee for a research position, use one of the job offer letter templates written specifically for research positions to ensure that the letter is worded appropriately and to avoid misinterpretation of the terms of the position by U.S. Citizenship and Immigration Services. Refer to the Research and Innovation Office Restricted, Proprietary, and Classified Research for the job offer letter templates.
- If the foreign national employee is being hired for work that is considered sensitive, be aware that he/she may have a longer interview at a U.S. embassy or consulate. To prepare for the interview, we recommend that you:
- Provide the employee with a letter on UCB departmental letterhead, signed by the department chair, which describes, in detail, the nature of the research work, including if the research work is considered “dual use technology”. (“Dual use technology” means the potential for military application. See the Research and Innovation Office Dual Use Research of Concern)
- Inform the employee that he/she should be prepared to answer detailed questions about his/her research position and work at UCB, and to use clear, direct language when responding to questions.
For More Information
- For specific questions about compliance with export control regulations, contact the Office of Export Controls at 303-492-2427 or exportcontrolshelp@colorado.edu.
Grounds of Inadmissibility
If the foreign national employee is currently residing outside the U.S. and requires a visa stamp to enter the U.S., he/she may be asked a series of questions by the U.S. embassy or consulate to determine if he/she is eligible to enter the U.S. The questions apply to the foreign national employee and any dependents. For more information on common grounds that make an individual inadmissible, refer to U.S. Visas Ineligibilities and Waivers: Laws.
Involvement of Students in Restricted Research
Students must be free to pursue knowledge in an open environment. Any petition for student involvement in research projects that imposes either explicit or potential restrictions that could affect students' academic research and publications must be vetted by the Standing Committee on Restricted, Proprietary, and Classified Research and approved by the Chancellor or Chancellor's designee. Concurrence by the department chair or graduate advisor must also be provided to the student(s). Students may not engage in classified research as part of their formal academic work. This information is available at Research and Innovation Office Restricted, Proprietary, and Classified Research.
Information and Training on Export Control Regulations
Information for Export Control as it pertains to student academics and dissertations