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1. Will the visa applicant be working in one of the following areas:
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Check one: *
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2. Will the visa beneficiary/applicant perform any activity under a sponsored research agreement (e.g. grant, CRADA, contract, recharge service agreement, Capstone, etc.) that restricts or prohibits the participation of foreign nationals, i.e. there are restrictive clauses pertaining to foreign nationals or non U.S. persons participating in the research. *
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3. Will the visa beneficiary/applicant perform any activity under a sponsored research agreement (e.g. grant, CRADA, contract, recharge service agreement, Capstone, etc.) that restricts or prohibits the research team’s right to publish any of the data or research results, except for the sponsor’s right to review and exclude from intended publication proprietary or confidential data that, under the terms of the Agreement, is exempt from publication. *
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4. Will the visa beneficiary/applicant be provided access to any of the following (whether or not actually required for his/her work assignment and whether through hard or soft copy):
• Technical data or information that has been stamped or otherwise designated by the sponsor or collaborating institution as being “export controlled”; *
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• Sponsor or third-party proprietary or confidential information, materials, or software that is the subject of a Non-Disclosure Agreement (NDA) or equivalent confidentiality agreement: *
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• Third party, proprietary technology for the development of cryptography, or source code containing cryptographic functionality: *
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• Third party, proprietary information pertaining to the “use” or “development” or “production” of instruments, materials, software or scientific processes (technology):
For purposes of this question:
- -“use” means that the foreign national would be performing one or more of the following types of activities pertaining to a controlled item beyond merely operating the item for its intended purpose: installation, maintenance, repair, and overhaul/refurbishing – based on a proprietary and controlled (non-public domain) manufacturer manual or other equivalent documentation
- -“development” means technology pertaining to a sponsor’s proprietary R & D and development project - - i.e. not intended for publication: design research, design analysis, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, or configuration design
- -“production” means technology pertaining to sponsor-proprietary product engineering, manufacture, integration, assembly (mounting), inspection, testing, quality assurance.
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5. In performing the activity under the visa, will the visa beneficiary/applicant be provided access to research equipment, instruments, materials, software, and/or technical data in any form (e.g. blue print, sketches, specifications, documented technology, vendor operational manual/instructions, data results) that is governed under the ITAR.
ITAR covers any item (equipment, instruments, materials, software, and/or technical data as exemplified above) specially designed, developed or modified for military, defense or space applications) and may include such items whether procured from a vendor, or otherwise received by a research sponsor or collaborating research institution. For a list of the high level ITAR categories that identify such defense, military and space items please use this link. For purposes of this certification, “access” means any visual or physical access to the item, regardless of whether such access is actually required by the visa applicant to perform his/her work assignment. *
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