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


Note (1)

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

  • The employee's permanent abode throughout the period of employment is in the United States, and;
  • The employee is not a national of a country to which the ITAR prohibits exports of defense articles and services.

If you wish 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.

Note Regarding Students and Postdocs:

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 employees for the purposes of export control regulations. Their role at UMass Chan is primarily that of a student/trainee and not of an employee.

The "Employee Exemption" applies to foreign nationals who have been hired through UMass Chan central human resources process and who are authorized to work full-time in the US for a temporary period under a non-immigrant visa. In almost all instances, they will hold an H1-B visa. The majority of international graduate students and postdoctoral scholars enter the US with either an F (students) or J (scholars) visa, underscoring their primary roles as students and scholars rather than employees.