Department of Defense Considers New Export Control Policy for Foreign Nationals
March 21, 2002
The Department of Defense has announced that it is
considering a new policy that could prohibit foreign nationals — even those with
green cards — from working on information technology (IT) in specified
“Sensitive But Unclassified” positions. The new policy would require all
persons, including contractors and foreign nationals employed in specific IT
sensitive-but-unclassified positions, to be subject to an investigation
depending on their positions. Some foreign nationals in the most sensitive
positions may not be permitted to remain in those positions. The Department has
not released a copy of the draft policy and its exact scope remains unclear.
Industry groups have stated that the new policy, if implemented, not only raises
the costs of IT contracts with the Department, but could also present a
logistical challenge to implement. These groups have requested public
discussion of the proposed change. The Department has stated that it
anticipates making a final decision within 60 to 90 days.