Academic Community Special Needs
We share a goal to help academic institutions keep their doors open to students from around the world while at the same time meeting the country’s need to maintain national security.
It is a common misconception that research generated in the academic environment is completely exempt from U.S. export compliance statutes and regulations the “ITAR.” Like most rules of law, it is not that simple. The international community of the academic world is not entirely isolated from national security concerns. The exemption for research of general applicability from export licensing for institutions of higher learning is not to be interpreted as carte blanche to provide technical data and know-how to foreign students or to otherwise export that research without meeting applicable nondisclosure notifications and in some cases obtaining the appropriate export licensing. The Reese Roth case involving the University of Tennessee is a prime example that DDTC has become far more serious about enforcing these long standing rules and regulations.
Since failure to properly license certain types of technical data and know-how for export carries criminal penalties, similar to those assessed against Professor Roth, it is important to understand U.S. export control laws and regulations to ensure export compliance and to understand how these laws can impact foreign students, the University, U.S. citizen faculty and foreign faculty living and working in the United States.
Klimek, Kolodney & Casale has expertise in both U.S. immigration law and export compliance, including the International Traffic in Arms Regulations “ITAR” to help you safely navigate these complex statutes and regulations, which have become even more important after September 11, 2001. Safeguarding technology is just one important subset of serving the national interest.
Regulatory requirements for schools that desire to enroll foreign students or maintain an existing foreign student population have undergone significant changes in recent years. We keep academic institutions and their foreign students apprised of changes in immigration laws and export control laws that affect the pursuit of R&D programs, visa processing times and validation procedures at U.S. foreign posts abroad.
Our knowledge base and expertise in the related fields of Export Compliance and Immigration Law helps to ease the process of student enrollment and also provide a secure and positive experience for the student's first introduction to their U.S. experience and throughout their academic career.
Certain exchange visas for professors and researchers impose foreign residency requirements on the recipient of the visa, as well as possible restrictions on the exchange of technical information, R&D results, know how and the prosecution of research projects. A lack of awareness how to handle the intertwined regulatory regimes of export compliance and visa compliance can result in the loss of valuable talent within your community at an inopportune phase of a research project or grant. Klimek, Kolodney & Casale’s expertise in this complex legal intersection can ease the burden on University resources and help your research departs to flourish by retaining foreign talent while adhering to important export compliance requirements.
As students transition from academia to the professional world, Klimek, Kolodney & Casale is there to fill the knowledge gap common in industry regarding how to capitalize on the talent for foreign nationals graduating from U.S. institutions and desiring to stay in the United States for their professional careers. Many employers are unaware of the appropriate visa requirements and export compliance considerations. Klimek, Kolodney & Casale can provide those solutions. As part of the University’s knowledge base ensures that your university is two steps ahead of other schools competing for the attention of talented students and sought after employers. With the help of Klimek, Kolodney & Casale your school can provide clarity to students and employers on appropriate visas, export compliance and defense security issues and thus have a higher success rate in attracting students because employers can count on your school to understand how to transition talent from the academic arena to the professional.
A good legal strategy in U.S. Immigration Law and Export Compliance is essential to any university's international student advisory group. An academic community prepared to navigate the complex rubric of laws and regulations affecting the lives of their international students and faculty is far better equipped to meet the challenges of providing a quality educational experience in an environment of ever-increasing complexity and competition.
Klimek, Kolodney & Casale on your school’s team, provides the necessary and current knowledge bridge.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.