What kinds of technology or software are excluded from the EAR?
With the exception of certain encryption technology and software, published and public availability technology and software are not covered by the EAR. Fundamental research, including university-based research, is also excluded under the regulations. Educational information released by instruction in catalog courses and teaching laboratories of academic institutions are excluded. What kinds of questions should an immigration lawyer ask the employer client to determine whether export control rules may be an issue? A lawyer should discuss what form of access a worker will have to controlled technology. Is the worker exposed to internal company research materials, does the worker participate in meetings and conference calls regarding such technology. Is the worker exposed to written communications such as emails and interoffice memoranda? The immigration lawyer should also explore what access the worker has to the company’s server. The lawyer should discuss the possibility of limiting acc
