NOAA Deemed Exports Country Group E Guidance

The purpose of this page is to provide guidance on the requirements for hosting foreign nationals from the Country Group E countries which are designated in the Export Administration Regulations (EAR), 15 C.F.R. Parts 730-774, in Supplement No. 1 to Part 740,  http://beta-www.bis.doc.gov/index.php/licensing/forms-documents/doc_view/452-supplement-no-1-to-part-740-country-groups).  Currently, these countries are:  Cuba, Iran, North Korea, Sudan, and Syria.  They have been declared terrorist supporting countries and are subject to heightened export restrictions and embargoes.  In addition, Cuba is subject to a unilateral embargo. 

Effective immediately, previous delegations notwithstanding, for all requests for access by foreign national guests from Country Group E countries, the Deputy Assistant Administrator (DAA) or Staff/Corporate Office Director must provide the clearance signature on Part C of the NOAA Endorsement Supplement Form (ESF) that must accompany the “Certification of Conditions and Responsibilities for Departmental Sponsors of Foreign National Guests” form, Attachment 2 of Department Administrative Order (DAO) 207-12 [Appendix B of NOAA Administrative Order 207-12, “Technology Controls and Foreign National Access”].  This requirement will ensure that the appropriate senior management official considers and concurs with the request, certifies that the visit is in the best interest of the organization, and accepts the risk associated with hosting a foreign national from a Country Group E country.  

In addition, the ESF must be accompanied by a statement from the DAA or Staff/Corporate Office Director that any necessary licenses or clearances have been obtained from the appropriate regulatory agencies, including the Department of Commerce (DOC) Bureau of Industry and Security (BIS), the State Department, and the Department of Treasury, Office of Foreign Assets Control (OFAC).  In the event no license is required, a statement with supporting rationale must be included.  The statement may be prepared by the regulating agency or the Line Office, if appropriate.  Each Line Office should plan for at least 60 days to obtain a statement or response from the regulating agencies.

Background

The Foreign National Visitor and Guest Access Program set forth in DAO 207-12 requires the endorsement and signature of the Bureau Senior Administrative Official (SAO) on Attachment 2.  DOC created this requirement to ensure that a senior executive official from the bureau concurs with the assessment that the value of the collaborative exchange coming from a foreign national working in a DOC facility is balanced with any risk of unauthorized access to agency data, information, and technology.  The Chief Administrative Officer (CAO) was designated by the DOC Office of Security (OSY) as the SAO for NOAA.

The ESF that must accompany Attachment 2 [Appendix B] was developed by NOAA to ensure compliance by the sponsoring office with the requirement to balance the risks and benefits of foreign national access.  The ESF requires the Line/Staff/Corporate Offices to: 1) provide the justification for hosting a foreign national; 2) provide the CAO an assurance that a controlled technology Access Control Plan is in place at facilities to be accessed by foreign nationals; and 3) ensure that measures are in place to prevent unauthorized access to controlled technology by that foreign national.  Measures to prevent unauthorized access are not limited to physical access controls, and include any required licenses or authorizations from agencies with export control jurisdiction.  These agencies include BIS for assets covered under the EAR, State Department for assets covered under the International Traffic in Arms Regulations (ITAR), and OFAC for countries under an embargo.

In the past, because of a high volume of foreign national guest requests, some Line Office Controlled Technology Coordinators were authorized to sign Part C of the ESF in lieu of the DAA.  This authorization is revoked for requests involving foreign nationals from Country Group E countries. 

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