Your client is considering offering a job involving sensitive engineering processes to a non-U.S. citizen dual national of Canada and Iran. The client is aware that federal law restricts its ability to offer sensitive jobs to nationals of certain countries, and that it requires the company first receive a license before providing such information. Not only that, but the employer needs to monitor whether the employee continues to have access to sensitive information once employed. Rather than bother with this rigmarole, can the company simply decline to consider foreign nationals for the job?
The answer to this question involves the intriguing intersection between U.S. discrimination laws and "deemed export" laws designed to protect U.S. national security. Several federal laws fall into this latter category.
ITAR, EAR, and OFAC
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
