February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.1 MICPEL CLE Seminar The Nuts and Bolts of Immigration Practice Technology Alert List and Deemed Export Rule By: Michael L. Kabik, Esq. © 2005 Immigration, Nationality & Consular Practice Group Shulman, Rogers, Gandal, Pordy & Ecker, P.A Rockville Pike, Suite 300, Rockville, Maryland U.S.A. Telephone: (301) Facsimile: (301) Web Site:

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.2 Consular Processing Nonimmigrant Visas Technology Alert List (TAL) Deemed Export Rule

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.3 Technology Alert List The TAL and Export Controls Originally designed to help maintain superiority over the Warsaw Pact Recently updated and expanded 3/03

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.4 Technology Alert List Security Objectives Stem proliferation of WMD and missile delivery systems Restrain development of destabilizing conventional military capabilities in certain regions of the world

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.5 Technology Alert List Security Objectives Prevent transfer of arms and sensitive dual-use items to terrorist states Maintain U.S. advantage in certain military critical technologies

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.6 Technology Alert List Part 1: Critical Fields List Major fields of technology transfer concern Prevent transfer of sensitive technology or material, particularly dual-use technologies Part 2: State Sponsors of Terrorism List

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.7 Technology Alert List Critical Fields List Conventional Munitions Nuclear Technology Rocket Systems Rocket System and Unmanned Air Vehicle Subsystems

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.8 Technology Alert List Critical Fields List Navigation, Avionics and Flight Control Usable in Rocket Systems and Unmanned Air Vehicles Chemical, Biotechnology, and Biomedical Engineering Remote Sensing, Imaging and Reconnaissance

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.9 Technology Alert List Critical Fields List Advanced Computer/Microelectronic Technology Materials Technology Information Security Laser and Directed Energy System Technology

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.10 Technology Alert List Critical Fields List Sensors and Sensor Technology Marine Technology Robotics Urban Planning

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.11 Technology Alert List CFL – Chemical, Biotechnology and Biomedical Engineering Technology used to produce chemical and biological weapons Inherently dual-use Wide use by civilian research labs and industry Advanced biotechnology Potential to support biological weapons research

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.12 Technology Alert List CFL – Chemical, Biotechnology and Biomedical Engineering Aerobiology, Biochemistry, Pharmacology, Immunology, Virology, Bacteriology, Mycology, Microbiology, Pathology, Toxicology, Genetic Engineering, Lyophilization, Fermentation Technology, Cross-filtration Equipment, High DOP- rated filters, Microencapsulation, Aerosol/ Aerosolization Technology,

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.13 Technology Alert List CFL – Chemical, Biotechnology and Biomedical Engineering (continued) Chemical Absorption, Organo-phosphate Chemistry, Neurochemistry, Chemical Engineering, Chemical Separation Technology, Pesticide Production Technology, Pharmaceutical Production Technology, Chemical Separation Technology, Neurology, Production of glass-lined steel reactors/vessels, pipes, flanges, other equipment

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.14 Technology Alert List Immigration Law Impact Nonimmigrant aliens inadmissible where reason to believe intention to violate or evade laws prohibiting export goods, technology, or sensitive information At NIV application, Consular Post may examine involvement in TAL CFL dual-use technologies

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.15 Technology Alert List Immigration Law Impact If possibly ineligible, Consular Officer must submit Security Advisory Opinion (SAO) via Visa Mantis check Visa Mantis check avg. time is 30 days (up to 6 months) Visa Mantis check is mandatory of nationals of State Sponsors of Terrorism

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.16 Technology Alert List TAL Exempt Information in public domain Information presented in academic courses

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.17 Technology Alert List TAL Impact on Consular Processing Expect long delays Overly cautious Consular Officers Security checks for any applicants with scientific or research background

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.18 Technology Alert List TAL Impact on Consular Processing Avoid travel abroad for visa processing Especially for nationals of: State Sponsors of Terrorism Muslim countries Countries of Concern (PRC, Russia)

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.19 Deemed Exports Export Controls and Licenses Deemed Export Rule Release of controlled technology to nonimmigrant foreign national in course of employment Presumption of export to home country Release of technology to foreign national in U.S. considered export to foreign country

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.20 Deemed Exports Covered Technologies Dual-use technologies Including Chemicals, Microorganisms, Toxins Munitions Including Weapons Technologies

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.21 Deemed Exports Exempt Technologies Patent applications open for public inspection Publicly available technology Technology arising during or resulting from Fundamental Research Educational technology

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.22 Deemed Exports Fundamental Research Basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community Results normally published in scientific literature making it publicly available Only needs to be intended for publication

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.23 Deemed Exports Proprietary Research/Industrial Development, Design, Production, and Product Utilizations Results are restricted for proprietary and/or national security reasons

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.24 Deemed Exports Impact on Consular Processing Delayed visa issuance Initiation of inquiry re: employer liability for Illegal technology transfer Failure to obtain export license

February 11, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.25 Legal Disclaimer Facts of individual cases differ The information provided herein is general in nature and should not be relied upon Consult with an experienced immigration attorney with regard to specific cases