University of Vermont

Export Controls

Export Controls
Export Controls
- Export License Decision Tree -

USML-listed data shared with a Foreign Person

          Question #9:

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

YES       NO

   *    The ITAR provides for an "Employee Exemption" that allows foreign persons who are "bona fide and full-time regular employees" of UVM, 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, Libya, North Korea, Syria, Vietnam, Burma, China, Haiti, Liberia, Somalia, Sudan, Iraq, Afghanistan, Rwanda, and the Democratic Republic of the Congo.


UVM graduate students who are working as Research Assistants (RAs) on research projects, as well as many postdoctoral scholars (depending on their funding source and visa status) are NOT considered to be UVM employees, for the purposes of export control regulations. Their role at UVM is primarily that of a student/trainee and not of an employee.

The "Employee Exemption" applies to foreign nationals who have been hired through UVM'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. In almost all instances, they will hold an H1-B visa. The majority of UVM's 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.

This material is adapted from the basic design and content of Stanford University's Decision Tree. We appreciate Stanford in granting us permission to use its content for the benefit of the University of Vermont.

last updated 11/9/17

Last modified November 09 2017 02:44 PM

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