2025 Federal Administration Transition Information & Resources - This will be updated as new information is available.

Dismiss

Export Controls Decision Tree: USML-Listed

Categories:

Is the USML-listed information or software to be disclosed, transmitted or transferred to a foreign person in the US, other than to qualified Stanford University employees(1), or to a foreign person outside of the US?

YES           NO

(1) The ITAR provides for an "Employee Exemption" that allows foreign persons who are "bona fide and full-time regular employees" of Stanford University, and who meet certain qualifying criteria, to receive USML-listed information without an export license. These criteria are:

  1. The employee's permanent abode throughout the period of employment is in the United States, and;

  2. The employee is not a national of a country to which the ITAR prohibits exports of defense articles and services.

    At present, the Employee Exemption is not available for nationals of: Belarus, Cuba, Iran, Iraq, Libya, Sri Lanka, North Korea, Syria, Vietnam, Burma, China, Haiti, Liberia, Somalia, Sudan, Iraq, Afghanistan, Rwanda, Venezuela, Lebanon, Ivory Coast and the Democratic Republic of the Congo.

If you are a Stanford PI and need to share USML-listed information with a foreign national who qualifies as a full-time bona fide employee of the university, you will need to document the employee exemption.

"Bona Fide" Employee Exemption: Students and Post Docs

This university employee exemption applies to "bona fide" foreign nationals who have been hired through Stanford's central human resources process and who are authorized to work full-time in the US for a temporary period under a non-immigrant visa. Stanford graduate students who are working as Research Assistants (RAs) on research projects, as well as the majority of postdoctoral scholars (depending on their funding source and visa status), are NOT considered to be Stanford employees under this ITAR exemption. Their role at Stanford is primarily that of a student/trainee and not of an employee.

NOTE: Foreign person Research Assistants (RAs) and researchers in J-1 status are not considered to be bona fide and full-time regular employees of the University for the purposes of this exemption. 

Created:
Changed