In order to comply with Export Controls regulations when hiring a foreign national to work at Stanford under an H1-B visa, the PI/faculty supervisor (research positions) or Senior HR Manager (all other positions) will need to:

1. Review information about Stanford’s H1-B Deemed Export Certification.
2. Complete ORA-1130 as a one-time requirement. 
3. Submit the required Deemed Export Questionnaire found within Bechtel’s H1-B Workflow.

Immediately contact Stanford’s Export Control Officer (4-7072) so he can determine if you can travel to these countries without an export license. Cuba, Iran, Syria, North Korea and Sudan are subject to US financial and trade sanctions. Travel to and transactions with these countries are tightly regulated.

In some cases, non-disclosure requests are embedded in the content of several kinds of institutional agreements between the University and the sponsor or third-party. Examples of such institutional agreements include equipment or software purchases or loans, technology licensing, data sharing agreements, and material transfer agreements. In these kinds of institutional agreements, a Stanford office, usually the Office of Sponsored Research or the Industrial Contracts Office, will be involved and will negotiate terms consistent with University policies. These offices will also have the exclusive authority to bind Stanford to the negotiated terms of institutional agreements, and also have the exclusive authority to sign on behalf of the University.

In other cases, a sponsor or third party may ask an individual at Stanford to sign such an agreement as part of an ongoing or proposed activity in which there is mutual interest, such as a clinical trial or potential collaborative research project. In these cases, the NDA is between the sponsor or third party and the individual. 

The researcher cannot sign on behalf of Stanford University and must sign as an individual. Because sponsor or third-party NDAs frequently contain terms that violate Stanford research policies, individual researchers intending to sign on their own behalf should contact the Office of the Dean of Research, the Office of Sponsored Research, the Industrial Contracts Office, or the Research Management Group as applicable for guidance.

Review Stanford's dedicated FedEx webpage. International shipping instructions are located in the lower left-hand column.

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First, review the Stanford Export Control Decision Tree to determine if your item is on an export control list. Contact Stanford’s Export Control Officer (4-7072) if your item is on a list or if you need assistance. 

Next, screen your recipient and your recipient’s organization against US export control Restricted Party Lists. Finally, document your export by filing the appropriate export control form.

Determine whether your travel will allow you to meet the terms and conditions set forth on the Annual TMP Certification for items 1 through 5 by completing the Temporary Export Property Checklist, since by signing the form you are becoming personally accountable for complying with those terms and conditions.

If your travel will not allow you to meet the Annual TMP Certification's terms and conditions, you should consult the Stanford Export Control Decision Tree to determine if your travel qualifies for "No License Required" (NLR) status or contact the University Export Control Officer at 4-7072 for further guidance.

To qualify for the temporary export (TMP) licensing exception, the researcher assures that the laptops, PDAs, cell phones, digital storage devices and their software: 

• meet the qualifications for a temporary export license exception (TMP) per the Property Export Control Checklist, and
• do not contain ITAR-listed software or technical data including software or technical data directly related to satellites or spacecraft.

If all requirements are met, you must complete and submit the certification.

Safeguard Your Data

When traveling internationally, the safeguards provided by the Stanford University computing environment are not available. Protecting data, information, and the devices upon which they reside requires attention to detail due to the enormous financial and reputational impacts of simple mistakes or other disclosures.

Planning for safe digital travel involves analyzing the risk versus your business requirements, taking into account the value of the data you carry with you as well as the data and services your accounts have access to.

Examples of data that should be left on campus or afforded exceptional protection include information that might be construed as sensitive by the host government, and any non-public data listed in the table on the Stanford Data Classification Guidelines page.

The only truly secure option is to abstain from digital device use during your travels.

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