Less well known is that the company should consider export licensing requirements as well. In hiring a foreign national to work in your computer or software-related company, you may become an exporter. In essence, if you need a license to send something to someone in a particular country, you also need a license if a foreign national from that country will be exposed to it. The regulations define an export as not only the actual shipment of items out of the United States, but the release of technology or software to a foreign national in the United States. Such a release is deemed to be an export to the home country of the foreign national.
Exposure can occur in a variety of ways.
Thus, if a foreign national looks at, talks about or does something with what he or she has learned about your technology, an export control question arises. Whether a deemed export requires a license depends on what your technology is and where the foreign national is from. Nor does it apply to certain other individuals protected under the Immigration and Nationality Act, such as refugees, asylees, or legalization beneficiaries. There are penalties for export violations under both export and immigration laws. The Bureau of Export Administration imposes criminal and civil penalties for violations of the export regulations ranging from fines against the company, to denial of export privileges, to imprisonment of knowing or willful violators.