RCUH Form I-100
2/2011
THE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII
H-1B/O-1 EXPORT COMPLIANCE CERTIFICATION
PART I: PURPOSE OF CERTIFICATION
The Export Administration Regulations (EAR) (15 CFR 770-774) and the International Traffic in Arms Regulations (ITAR) (22 CFR Section 120-130) require U.S.
persons to seek and receive authorization from the U.S. Government before releasing to foreign persons in the United States controlled technology or technical data.
Under both the EAR and the ITAR, release of controlled technology or technical data to foreign persons in the United States – even by an employer - is deemed to be
an export to that person’s country or countries of nationality. One implication of this rule is that a U.S. company must seek and receive a license from the U.S.
Government before it releases controlled technology or technical data to its nonimmigrant workers employed in H-1B, L-1, or O-1A beneficiaries. (Excerpt from the
USCIS Form I-129 Instructions, available at http://www.uscis.gov/i-129).
In order for The Research Corporation of the University of Hawaii (RCUH) to file an H-1B or O-1 petition on behalf of a beneficiary, the Principal Investigator must
certify that it (1) has reviewed the EAR and ITAR, (2) has determined whether it will require a U.S. government export license to release the controlled technology or
technical data to the employee beneficiary, and (3) will not provide access to the technology or technical data to the beneficiary if a license is required until it has
received U.S. Government authorization.
The EAR-controlled list (Commerce Control List or CCL) can be found at http://www.access.gpo.gov/bis/ear/pdf/indexccl.pdf
The ITAR-controlled list (U.S. Munitions List or USML) can be found at http://www.pmddtc.state.gov/regulations_laws/documents/official_itar/ITAR_Part_121.pdf
Any questions relating to EAR/ITAR compliance should be directed to Leonard R. Gouveia Jr., the University of Hawaii Administrative and Export Compliance Officer,
Office of the Vice President for Research, at (808) 956-4740, or lgouveia@hawaii.edu.
PART II: PROJECT & BENEFICIARY INFORMATION
Name of H-1B/O-1 Beneficiary:
Title of Sponsored Research Project and Project Number Beneficiary will be charged to:
PART III: ACKNOWLEDGEMENT & CERTIFICATION
1. I have reviewed the relevant EAR and ITAR regulations and determined that the above-referenced nonimmigrant beneficiary will participate in research that:
Does NOT involve technologies or technical data that is covered by either EAR or ITAR
Involves technologies or technical data that is covered by either EAR or ITAR
2. I certify that according to EAR and ITAR regulations, I have determined that:
A license is NOT required from either the U.S. Department of Commerce or the U.S. Department State to release such technology or technical data
to the foreign person
A license IS required from the U.S. Department of Commerce and/or the U.S. Department of State to release such technology or technical data to the
beneficiary and I will prevent access to the controlled technology or technical data by the beneficiary until and unless we have received the required
license or other authorization to release to the beneficiary
PART IV: SIGNATURE AND CERTIFICATION
By signing this certification form, I verify that I have reviewed and understood the United States Munitions List [identified in the Arms Export Control Act (22 U.S.C. 2778)] and the
Commerce Control List [identified in the Export Administration Act (50 U.S.C. 2401)]. I understand that I am responsible to ensure that I am in compliance with any and all U.S. Export
Laws and Regulations, as well as, any and all policies and procedures of the University of Hawaii and the RCUH. I will ensure that a new certification form is submitted to the RCUH
Human Resources Department immediately if the foreign national’s work assignment or work environment changes where exposure to ITAR/EAR regulated technologies may be present.
Changes include but are not limited to: Changes to job duties exposing foreign national to ITAR/EAR technologies, purchases of new ITAR/EAR equipment, etc.
I also understand that it
is my responsibility to monitor the United States Munitions List and the Commerce Control List for any changes that may encompass my program’s particular research or the by-products
of my research. Falsification of this document will lead to the immediate termination of my employee’s employment and visa status, in addition to all support provided to me and my
program by the RCUH. Lastly, I will be responsible of all penalties for perjury including fines and imprisonment if I fail to provide accurate information.
___________________________________________ ___________________________________________ _____________________________
Name of Principal Investigator Signature of Principal Investigator Date
___________________________________________ __________________________________________ _____________________________
Name of Dean/Director Signature of Dean/Director Date
___________________________________________ ___________________________________________ _____________________________
Name of RCUH Representative Signature of RCUH Representative Date
___________________________________________ ___________________________________________ _____________________________
Name of UH Validating Official Signature of UH Validating Official Date
