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Inside.OMAO* New address 8/8/08

*limited access

May 21, 2009

(See NOAA's Deemed Export Technology Control Program site for documents referenced in this memo)

MEMORANDUM FOR:  All NOAA Employees

FROM:          William F. Broglie

                   NOAA Chief Administrative Officer

SUBJECT:     Hosting Foreign Nationals and Maintaining Technology Controls - Annual Reminder

On May 11, 2006, the National Oceanic and Atmospheric Administration (NOAA) issued policies and procedures for hosting foreign nationals as “visitors” or “guests” and for maintaining appropriate access controls on certain types of technology. [See NOAA Administrative Order (NAO) 207-12.]  These policies and procedures are designed to ensure compliance with the Export Administration Regulations to prevent the unauthorized release of certain export controlled technology to foreign nationals in the United States (i.e., “deemed exports”), while supporting NOAA’s scientific and research mission which benefits from information sharing and exchange with the international community.  The policies incorporate the Department of Commerce requirements regarding access to NOAA facilities by foreign national “visitors” and “guests.”

As you prepare to host foreign nationals in your facility or on research cruises, or if you otherwise plan to engage in technical exchanges with foreign nationals, you are reminded of the need to meet the NOAA and Department of Commerce requirements.

Does this policy apply to you?  The policy applies to all NOAA employees but most directly affects you if you:  (1) are likely to work with or host foreign national “visitors” or “guests”, including contractor employees; (2) work at a national critical infrastructure site; or (3) conduct or oversee NOAA-sponsored research in collaboration with foreign nationals.

How do you comply with procedures to host foreign national “visitors” and “guests?” You must obtain authorization from your Department of Commerce Servicing Security Office for all foreign national “visitors” or “guests,” as defined in NAO 207-12, to access your facility/platform.  The following must be completed to obtain access authorization:

• Submit required data (See, NAO 207-12, Section 5.08) to the Department of Commerce Servicing Security Office:
  • Visitors: at least 1 business day before arrival
  • Guests:  30 calendar days before arrival
• For Guests:  You must also submit the following to the Controlled Technology Coordinators for your organization:
  • “NOAA Line Office/Corporate Office Endorsement Supplement for the NOAA Sponsor of Foreign National Guests” (Note:  This Supplement has recently been revised.); and
  • Appendix B of NAO 207-12, “Certification of Conditions and Responsibilities for Departmental Sponsors of Foreign National Guests”
  • Foreign national “guests” must also review and sign Appendix C of NAO 207-12, “Certifications of Conditions and Responsibilities for Foreign National Guests.  You must submit this completed and signed form directly to the Servicing Security Office.

Required information, forms, names of Controlled Technology Coordinator(s) for your organization, and links to Servicing Security Offices referenced above can be found at the NOAA Deemed Exports webpage, “How to Sponsor a Foreign National” (See, http://deemedexports.noaa.gov/sponsor.html)

If you will be hosting a foreign national on an Office of Marine and Aviation Operations (OMAO) platform (e.g., ship or plane), please refer to OMAO’s instructions for providing assurance to the commanding officer that all policy requirements have been met.  (See, http://www.omao.noaa.gov/foreign.html).

If you are a Fisheries Service employee, you can now submit your Foreign National “Guest” requests using the Foreign National Registration System (FNRS), a web-based registration system designed to process foreign national requests electronically. Please see https://fnrs.nmfs.noaa.gov/fnrs/.  Please contact your NMFS Controlled Technology Coordinator for information on accessing the system.

Where can you learn more?

-    NOAA Deemed Export website

-   Line Office and Corporate Office Controlled Technology Coordinators     

-    Bureau of Industry and Security website

-    Your Department of Commerce Servicing Security Office:

• DOC Eastern Region Security Office
• DOC Mountain Regional Security Office
• DOC Western Region Security
• DOC HCHB Servicing Security Office
• NOAA Silver Spring Security Servicing Office  

You may also contact Ann Murphy at ann.murphy@noaa.gov and Melanie Caesar at Melanie.caesar@noaa.gov for additional information.