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Decision Tree Question 7

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 Tennessee 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 the University of Tennessee, 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.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.

If you wish to share USML-listed information with a foreign national who qualifies as a full-time bona fide employee of the university, please contact Jane Burns ( and James Andes ( to document the Employee Exemption.

Note Regarding Students and Postdocs

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

The “Employee Exemption” applies to foreign nationals who have been hired through the University of Tennessee ‘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 the university’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.

Back to Export Controls Decision Tree starting point.

Design and content used by permission of Stanford Univeristy (updated 2008).