ITAR and Employment at Ascentec Engineering
Ascentec Engineering is registered under the International Traffic in Arms Regulations (ITAR). Some positions at Ascentec, including almost all positions at or supporting our U.S. facilities, require access to ITAR-controlled data. U.S. export control laws limit who can access that data, so we need to confirm certain information about your status during the hiring and onboarding process.
This page is a plain-language summary to help you understand why we ask for that information. If there is any difference between this summary and the law or official government guidance, the law and official guidance takes precedence.
For the full legal text, you can review:
- International Traffic in Arms Regulations (ITAR): 22 C.F.R. Part 120, including the definition of “U.S. person” in § 120.62
- Immigration and Nationality Act: 8 U.S.C. § 1324b(a)(3), which defines “protected individual,” a key part of the ITAR “U.S. person” definition.
Who is a “U.S. Person” under ITAR?
Under ITAR, a “U.S. person” is defined by reference to U.S. immigration and employment law. In general, an individual is a U.S. person if they are one of the following:
- A U.S. citizen (by birth or naturalization)
- A U.S. national (for example, certain individuals born in U.S. territories)
- A lawful permanent resident (green card holder)
- A “protected individual” such as:
- A person admitted as a refugee
- A person granted asylum
- Certain other individuals with specific lawful immigration statuses
Documents like U.S. passports, U.S. birth certificates, and permanent resident cards are examples of documents that can be used to show that you meet one of these categories. They are evidence of status, not the status itself.
Can non-U.S. persons work in roles that require access to ITAR technical data?
In theory, yes, but not in these roles at Ascentec Engineering today.
ITAR treats giving or exposing ITAR-controlled technical data or defense services to a person who is not a U.S. person as an “export,” even if that person is physically inside the United States. In those situations, the company needs to obtain an export license or a specific authorization, or rely on an applicable exemption, before sharing that data.
Ascentec Engineering does not currently maintain the necessary licenses or other authorizations to provide ITAR-controlled data to non-U.S. persons in these positions. As a result, we currently employ only individuals who qualify as U.S. persons for roles that require access or exposure to ITAR-controlled data.
Why are we asking you for documentation?
For most U.S. roles, Ascentec must confirm whether a candidate is a U.S. person before giving that person access to ITAR-controlled data. To do that, we may ask you to provide documentation such as:
- U.S. passport
- U.S. birth certificate
- Permanent resident card (green card)
In some cases, other official documents may also be acceptable, depending on your specific status. If you are unsure what to provide, our ITAR compliance officer can discuss options with you. You can reach out to HR to be put in contact with them.
This check of ITAR-related documents is separate from, and in addition to, the documents you provide for standard employment eligibility verification (Form I-9), although several documents can be used for both purposes.
Non-discrimination and your rights
Nothing on this page changes your rights under U.S. employment or immigration law. Ascentec Engineering complies with laws that prohibit discrimination based on national origin or citizenship status, including 8 U.S.C. § 1324b, and with all other applicable anti-discrimination requirements.
Any information we request in connection with ITAR is used only to meet our export-control obligations and to determine whether a particular position can lawfully be filled, based on the access it requires.