Does the RFP, sponsor or contract restrict researcher participation (faculty, student or others) based on country of origin or citizenship?
A “foreign national” is anyone who is not a “U.S. citizen.”
A “U.S. national” is either:
- A U.S. citizen, lawful permanent resident alien (“Green Card Holder”), refugee, protected political asylee or someone granted temporary residency under amnesty or Special Agricultural Worker provisions; or
- Any juridical person (i.e. organizations under the laws of the United States or any jurisdiction within the U.S., including foreign branches)
Examples of foreign nationals:
- Individuals in the U.S. in Non-Immigrant Status (H-1B, F-1, J-1)
- Any branch of a foreign government
- Any foreign corporation or group that is not incorporated or organized to do business in the U.S.
Restrictions on the participation in research by foreign nationals resulting from program and/or contractual requirements impose stringent obligations on the university. They restrict access to laboratories and research data and are not consistent with an open university environment where ideas are freely disseminated.
In planning research involving foreign countries or foreign nationals, the principal investigator (PI) should consider that, depending upon the nature of the research and the status of the foreign country, obtaining export licenses can take weeks or months. Therefore, the PI must determine early in the process any potential requirement(s) for export-control authorization and, if necessary, contact Jane Burns (firstname.lastname@example.org) or James Andes (email@example.com) for assistance in complying with applicable laws.
Back to Export Controls Decision Tree starting point.
Design and content used by permission of Stanford Univeristy (updated 2008).