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U.S. export controls impact the movement of tangible products across borders as well as the transfer of export-controlled technologies to foreign nationals outside of and within the United States. As such, companies subject to U.S. export controls may find it necessary to restrict foreign national employees and contractors from accessing such technologies and may need to consider the nationality of employees and contractors in their hiring process. Such export-control considerations seemingly conflict at times with U.S. anti-discrimination laws that prohibit discrimination in hiring based on nationality.
In this session, Matt Silverman (Global Trade Director & Senior Counsel at VIAVI Solutions Inc.) will address the conflicting interests between U.S. export controls and anti-discrimination laws and offer best practices to ‘balance’ such interests in order to avoid violations. The agenda for this session will include the following topics:
- An explanation of the ‘deemed export’ rule (5 minutes)
- A summary of applicable U.S. anti-discrimination laws (10 minutes)
- The definition of a ‘U.S. Person’ under U.S. export control laws (10 minutes)
- Case studies from the U.S. Department of Justice (15 minutes)
- Best practices for job postings (10 minutes)
- Best practices for screening job applicants (5 minutes)
- Issues regarding sensitivity to discrimination concerns (5 minutes)
This session is based, in part, on the following publication authored by Matt Silverman:
Export Compliance & Anti-Discrimination: Best Practices to Resolve Competing Interests, PLI Chronicle: Insights and Perspectives for the Legal Community, June 2021 (https://plus.pli.edu/Details/Details?fq=id:(330315-ATL10)).