--- title: Is Your HR Department Protecting The Company from Export-Control Penalties? date: 2012-07-18T00:00:00-04:00 author: Import Bot canonical_url: "https://www.kelleydrye.com/viewpoints/articles/is-your-hr-department-protecting-the-company-from-export-control-penalties" section: Articles --- # Is Your HR Department Protecting The Company from Export-Control Penalties? July, 2012 Employment Relations Today Many HR departments can do a better job of protecting their companies from significant penalties and other risks by understanding and avoiding export-control violations. Of course, HR professionals have plenty to think about during the hiring process— is the candidate qualified for the position; is he or she a good fit with the company; and what about salary and benefit requirements? HR professionals must also consider immigration and work visa issues when hiring a new employee. In fact, HR professionals are seeing the number of foreign-born applicants steadily increase, especially in the science, technical, and complex manufacturing sectors, as more foreign-born candidates are trained in the United States and abroad, including India, China, and other Asian countries. For a company that develops or produces products, technology, software, or services controlled for export (and many companies do), employing foreign persons can create export-licensing and other regulatory concerns. Frankly, too few HR professionals are aware of export-licensing issues. Other laws, of which HR professionals are well aware, prohibit discrimination in hiring on the basis of citizenship and national origin. The intersection of these rules – the export-control regulations that prohibit the unauthorized release of controlled technology to foreign persons, and the employment laws that dictate nondiscrimination in hiring – is an area that all HR professionals should be prepared to negotiate with great care. - Share this entry - - - - - [ View entry pdf ](https://s3.amazonaws.com/cdn.kelleydrye.com/content/uploads/pdf-snapshots/is-your-hr-department-protecting-the-company-from-export-control-penalties-20230901122640.pdf) ### Attachments - [Is Your HR Department Protecting The Company from Export Control Penalties](https://s3.amazonaws.com/cdn.kelleydrye.com/content/uploads/attachments/Is-Your-HR-Department-Protecting-The-Company-from-Export-Control-Penalties.pdf) ### Related Services - [International Trade](https://www.kelleydrye.com/practices/international-trade) - [Employment Litigation](https://www.kelleydrye.com/practices/employment-litigation) - [Labor and Employment Counseling and Compliance](https://www.kelleydrye.com/practices/labor-and-employment-counseling-and-compliance) - [Employment and Employee Benefits](https://www.kelleydrye.com/practices/employment-and-employee-benefits) Blog [ ![](https://d3iuizmsm2hayf.cloudfront.net/content/uploads/Listing-rectangles/Blog_Post_Listing.svg) ![](https://d3iuizmsm2hayf.cloudfront.net/content/uploads/Listing-Images/adlaw_billboard_listing.webp?auto=compress%2Cformat&crop=focalpoint&fit=crop&fp-x=0.5&fp-y=0.5&h=750&q=80&w=1125&s=e1a7aebcee8115938489d6575321e698) ](https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-continues-to-examine-influencer-campaigns) Ad Law Access July 27, 2026 [ ](https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-continues-to-examine-influencer-campaigns) Blog [ ![](https://d3iuizmsm2hayf.cloudfront.net/content/uploads/Listing-rectangles/Blog_Post_Listing.svg) ![](https://d3iuizmsm2hayf.cloudfront.net/content/uploads/Listing-Images/adlaw_billboard_listing.webp?auto=compress%2Cformat&crop=focalpoint&fit=crop&fp-x=0.5&fp-y=0.5&h=750&q=80&w=1125&s=e1a7aebcee8115938489d6575321e698) ](https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/hawaii-enacts-a-synthetic-performer-law) Ad Law Access July 26, 2026 [ ](https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/hawaii-enacts-a-synthetic-performer-law)