Fillable Deemed Export Control Attestation (Page 2 of 3) in pdf

INSTRUCTIONS FOR COMPLETING

THE DEEMED EXPORT CONTROL ATTESTATION FOR SPONSORSHIP OF H-1B, H-1B1 and O-1A

EMPLOYEES

As the direct employer and supervisor of the foreign national employee (or proposed employee), you know the

details of the position’s job duties and responsibilities and whether the technology or technical data being

released to the foreign national may be restricted to foreign nationals. You are also aware of the details of the

instruments, equipment, methods and other technology employed to conduct the research. Accordingly, you are

best suited to complete the attached attestation and provide it to IFSS before the institution can petition for the

foreign national employee. However, prior to completing and certifying the attestation, please be aware of

the following:



We recommend that you take the Export Control TAMUS online training module 2111212 “Export Control &

Embargo Training” available on TrainTraq thorough the Single Sign On (SSO) login at

https://sso.tamus.edu/Logon.aspx.



We recommend that you read the FAQs on Deemed Export Control

Note that there are four steps that the supervisor is required to take under penalty of perjury:

1) Review the EAR and the ITAR

2) Certify that you have reviewed the foregoing regulations

3) Make a determination

that an export license is not required for the employee or individual you

intend to employ to have access to Texas A&M University’s technology or technical data, or that such

a license is required

4) State, in case a license is required, that you will prevent the foreign national from having access to

the controlled technology or technical data until an export license has been obtained



If you have any doubts, you should contact the export control office at your institution to obtain

clarification prior to completing the attestation. See the below contact information for Texas A&M.



You must keep all the documentation of sources used to arrive to the determination/certification that a

license is not required. The supervisor must also provide the International Faculty & Scholar Services (IFSS)

with a copy this documentation. This documentation will be of utmost importance in cases in which, for

example, a Request for Evidence is issued by U.S. Citizenship and Immigration Services (USCIS) or an

export investigation is launched by the Bureau of Industry and Security (BIS)



The institution is relying on your attestation to file the nonimmigrant petition with USCIS.



Because the nonimmigrant petition may be subject to a request for evidence and/or audit by the federal

government, you are responsible for maintaining all documentation you used to arrive at your determination

Texas A&M University Commerce

Office of Sponsored Programs

Telephone: 903-886-5143

Deemed export equates to an export to the home country or countries of the foreign national employee or prospective employee.

Accordingly, the requirement for a license will depend on the specific technology and an employee’s country of nationality. As a result, the

general steps you must take to arrive to such conclusion are:

(A) Review the EAR and ITAR regulations to identify if your specific item/technology is classified under a specific Export Control

Classification Number (ECCN), and whether it is for a single or more Reason for Control

(B) Review the EAR Country Chart List for each Reason for Control:

(C) Conclude whether a license is required or not based on each Reason for Control, and the country of citizenship of the foreign

national

Contact your export control officer at your System institution/agency for further guidance and support in arriving at this determination.

Texas A&M University-Commerce

Deemed Export Control Attestation Form

March 2011

Deemed Export Control Attestation Page 2

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