International visits and foreign visitors

← All Insights

1. Why international visits are controlled

The National Industrial Security Program Operating Manual (NISPOM), 32 CFR part 117, requires contractors to establish procedures to monitor international visits by their employees and visits or assignments of foreign nationals to their locations (32 CFR 117.19(e)(1)(i)). The aim is to keep disclosure of, and access to, classified export-controlled articles within what an export authorization approves. Visit authorizations may not be used to employ or otherwise acquire the services of foreign nationals who need access to export-controlled information (32 CFR 117.19(e)(1)(ii)). That requires an export authorization.

2. Types of visits abroad

A one-time visit is a single, short-term occasion, normally 30 days or fewer, for a specified purpose (32 CFR 117.19(e)(2)(i)(A)). Recurring visits are intermittent visits over a specified period, normally up to one year, supporting a government-approved arrangement such as an agreement, contract or license (32 CFR 117.19(e)(2)(i)(B)). By agreement of the governments, the authorization may run for the life of the arrangement, subject to annual review and validation.

A long-term visit is a single extended visit, normally up to one year, supporting an agreement, contract or license (32 CFR 117.19(e)(2)(i)(C)). An emergency visit relates to a specific government-approved contract, international agreement or announced request for proposal (32 CFR 117.19(e)(2)(i)(D)). Failing to make it could reasonably be expected to seriously jeopardize performance, or lose a contract opportunity.

3. Visit requests

Visit requests are needed to make administrative arrangements and disclosure decisions and to obtain security assurances (32 CFR 117.19(e)(2)(ii)). Many foreign governments require a request for every visit to a government or cleared contractor facility, even without classified information, and may set advance deadlines. The cognizant security agency (CSA) can give contractors the visit requirements of other governments and of the North Atlantic Treaty Organization. An export authorization is needed if classified export-controlled articles or technical data will be disclosed, or the information relates to a classified government program, unless other agreements, authorizations or exemptions cover it.

Contractors get a request template from the CSA and send the request to the security official the CSA designates (32 CFR 117.19(e)(2)(iii)). The host should coordinate in advance with the government authorities who must approve, and the visitor is responsible for ensuring that happens. Requests are also needed when employees visit foreign government facilities or foreign contractors on U.S. Government orders (32 CFR 117.19(e)(2)(iv)).

An emergency request names the person to be visited, with position, address and telephone number, and a knowledgeable foreign government point of contact (32 CFR 117.19(e)(2)(v)). It also identifies the contract, agreement or program and justifies emergency treatment (32 CFR 117.19(e)(2)(v)). Recurring visit authorizations are requested at the start of each program (32 CFR 117.19(e)(2)(vi)). After approval, individual visits are arranged directly with the host security office on 5 working days’ notice.

Approved or pending requests may be amended only to change, add or delete names and change dates (32 CFR 117.19(e)(2)(vii)). Dates cannot be moved earlier than originally specified, and emergency visit authorizations cannot be amended.

4. Foreign nationals visiting U.S. contractors

Visits by foreign nationals that involve disclosure of classified information may require Department of State authorization (32 CFR 117.19(e)(3)(i)). They are processed by government security authorities through the sponsoring foreign government, normally the visitor’s embassy, to the U.S. Government. The government may approve, deny or decline to decide (32 CFR 117.19(e)(3)(ii)).

An approved visit cannot be used to avoid export licensing requirements for commercial initiatives (32 CFR 117.19(e)(3)(ii)(A)). The approval states the level and scope of information authorized and any limits, and final acceptance is up to the contractor. If the request is denied, the visitor may still be received, but only public domain information may be disclosed (32 CFR 117.19(e)(3)(ii)(B)).

For a visit not supporting a government program, the agency issues a declination notice (32 CFR 117.19(e)(3)(ii)(C)). The visit may still go ahead if the contractor has an export authorization and the requesting government has given the security assurance. The contractor checks the export regulations for licensing requirements. An approved visit to one element of a corporate family may cover other divisions or subsidiaries for the same purpose and within the same limits (32 CFR 117.19(e)(3)(ii)(D)).

5. Long-term visits and control of visitors

Extended visits and assignments of foreign nationals are authorized only when essential under a contract or government agreement, such as a joint venture, a liaison role in a multinational program or a direct commercial sale (32 CFR 117.19(e)(3)(ii)(E)). The contractor consults its empowered official, notifies the CSA in advance and gives the CSA a copy of the approved visit authorization or the export authorization.

Contractors ensure foreign visitors get no access except as an export license, approved visit request or exemption allows, and do not tell visitors the scope or limits of their authorized access (32 CFR 117.19(e)(4)(i)). Visitors are not given custody of classified material unless acting as official government couriers with CSA authorization (32 CFR 117.19(e)(4)(ii)). Records of foreign visitors with classified access are kept for one year (32 CFR 117.19(e)(4)(iii)).

Classified material at a U.S. contractor location stays in the contractor’s custody and control (32 CFR 117.19(e)(4)(iv)). A visitor may be given a container for temporary storage if the CSA approves and responsibility stays with the contractor. The CSA may approve exceptions case by case for foreign government information the visitor’s own government furnished through government channels. Such exceptions are approved in advance in writing with the visitor’s government, built into the technology control plan, and supported by receipts and CSA inspection and inventory. A technology control plan is required for foreign nationals assigned to, employed by or on long-term visits to cleared facilities, unless the CSA finds existing procedures adequate. It contains procedures to control access to all export-controlled information, and the CSA can supply a sample (32 CFR 117.19(e)(4)(v)). Foreign disclosure rules are covered in disclosing classified information to foreign interests.

Key terms

One-time visit	A single short visit, normally 30 days or fewer.
Recurring visit	Intermittent visits, normally over up to one year.
Emergency visit	A visit whose absence could jeopardize a contract or opportunity.
Declination notice	A notice that a visit is not government-sponsored.
Technology control plan	The plan controlling foreign nationals’ access at a cleared facility.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Visits abroad are part of supporting programs in theater. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.