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Homeland Security and Technology Workers ' The New Age of Export Controls

By Nelson G. Dong
April 30, 2004

In a time of heightened government concern over foreign terrorists, tightened immigration reviews are creating long lines at U.S. embassies and consulates all over the world, stalling the vital entry visas needed for foreign scientists, engineers and other technical workers to enter this country. Many foreign students already studying at American universities who are seeking permission to remain in the U.S. upon graduation to work for U.S. companies are likewise stuck in these apparently interminable reviews of their suitability to work in the U.S. Today, these immigration petitions need to involve technology lawyers familiar with the U.S. export control rules as much as HR and immigration counsel.

Technology licensing lawyers have long been familiar with the rigors and demands of U.S. export control laws in international deals, including distribution agreements and licenses. Those export control regimes include the International in Arms Regulations (ITAR) of the State Department, 22 C.F.R. Part 120 et seq.; the Export Administration Regulations (EAR) of the Commerce Department, 15 C.F.R. Part 730 et seq.; and the various embargo regulations of the Treasury Department, 31 C.F.R. Part 500 et seq. Today, such technology transactional lawyers need to work more closely than ever before with their counterparts in the HR and immigration fields to assure that companies will be able hire and retain valued foreign technical workers.

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