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Privacy and Security Notice

Administrative Manual - 301 General

301.05 UNCLASSIFIED FOREIGN VISITS & ASSIGNMENTS

POLICY

A. PURPOSE

This policy implements the DOE Order 142.3A, Unclassified Foreign Visits and Assignments Program at Jefferson Lab.

B. OBJECTIVE

The objective of the Unclassified Foreign Visits and Assignments (UFV&A) program is to provide security by establishing an effective identification, verification, review, and approval process for non-U.S. citizen access to Jefferson Lab facilities, information, and technologies.  The program should enable effective and efficient partnerships between DOE, Jefferson Lab, industry and university collaborators, employees, students, scholars, and scientists to participate fully in laboratory operations, and the Jefferson Lab science, technology, and U.S. higher education enterprise.

C. EXEMPTIONS

1. Public Events held on or off DOE sites.  Public events are those that include only information that is not protected by statute, regulation or DOE policy, and is determined to be releasable to the general public, are held in locations that are accessible to the general public, and are available for attendance by the general public.

2. Access by foreign nationals 17-years of age or younger who are involved in non-work-related activities. 

3. Unclassified events and activities that occur outside the United States or its territories.   

4. JLab Public Affairs Office guided tours. 

5. JLab Office of Science Education programs; teacher and student participants in Becoming Enthusiastic About Math & Science (BEAMS), Physics Fest presentations, Science Series lectures, and similar programs hosted by the JLab Office of Science Education. 

6. Applied Research Center (ARC) office and laboratory space located adjacent to Jefferson Lab campus and leased to commercial and ARC Universities tenants or occupied by the Economic Development Authority of the City of Newport News, VA.

7. Southeastern Universities Research Association Residence Facility space located adjacent to the Jefferson Lab campus.

NOTE:  Major laboratory public events hosted by the Jefferson Lab Director’s Office such as the biennial Open House where the general public will gain access to Jefferson Lab controlled facilities and areas will have a security plan developed documenting local compensatory measures in concurrence with the DOE TJSO Manager.  

D. DEFINITIONS

Approval Authority: Individuals who have been assigned the responsibility and authority to approve requests for access by foreign nationals to Jefferson Lab, DOE programs, information, and technologies.

Assignee - A non- U.S. citizen who has been approved to access JLAAB site, information, or technology for a period of more than 30 consecutive calendar days, but less than 4 full, consecutive years (48 consecutive months). 

Export Controlled Information - Any information or material that cannot be released to foreign nationals or representatives of a foreign entity, without first obtaining approval or license from the Department of State for items controlled by the International Traffic in Arms Regulations (ITAR), or the Department of Commerce for items controlled by the Export Administration Regulations (EAR). Export-controlled information must be controlled as sensitive information and marked accordingly.

Foreign National - An alien. For the purposes of DOE O 142.3A or its associated Contractor Requirements Document, an alien is a person who was born outside the jurisdiction of the United States, is a citizen of a foreign government, and has not been naturalized under U.S. law. 

Foreign National Status - The period of time a foreign national is authorized to be in the United States and what type, if any, activities he/she can participate in while in the United States as determined by his/her valid passport, entrance visa type, permanent Resident Card, or other U.S. Citizenship and Immigration Services documentation.

Fundamental Research - Fundamental Research is basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community.  A full discussion of the issue of fundamental research is provided in section 734.8 of the Export Administration Regulations and National Security Decision Directive 189 “National Policy on the Transfer of Scientific, technical, and Engineering Information.” 

Host - The JLab employee, including Joint Appointee, or DOE TJSO employee responsible for the activities with the successful accomplishment of a visit or assignment.  Except for nationals of state sponsors of terrorism, a foreign national who is a DOE employee or Jefferson Lab DOE contractor employee may be a host.   

Indices Check - A procedure whereby a request is made to appropriate U.S. Government agencies to determine whether information exists on a particular foreign national.  Indices checks are valid for a period of 2-years from the indices start date, as documented in the FACTS system. 

International Registration - Identification checked by examining valid government issued picture identification (e.g., U.S. driver’s license, passport, green card), verifying Department of Homeland Security U.S. Citizenship and Immigration Services (USCIS) documents and authority to work in the U.S.
This service is performed by JLab Registration / International Services (JRIS).       

Proprietary Information - Proprietary Information is information which contains trade secrets or commercial or financial information which is privileged or controlled, and may only include such information which:

Sensitive Country National: A foreign national who was born in, is a citizen of, or is employed by a government, employer, institution or organization, of a sensitive country.  Countries may appear on the list for national security, nuclear nonproliferation, or terrorism support reasons.  JLab will use the prevailing list posted at the DOE FACTS website.  JLab Security & Services will provide the prevailing list to those needing access for official purposes. 

Sensitive Subjects: Unclassified subjects/topics identified in existing Federal Regulations governing export control and by DOE as unique to its work; information, activities, and/or technologies relevant to national security.  Disclosure of sensitive subjects has the potential for enhancing weapons of mass destruction capabilities and proliferation, divulging militarily critical technologies, or revealing other advanced technologies which may adversely affect U.S. national and economic security.  These subjects require special management oversight before release to foreign nationals.  The list of sensitive subjects is maintained by the Office of Defense Nuclear Nonproliferation. 

State Sponsors of Terrorism (currently T-4 Countries; the number may change): Countries identified by the Department of State as sponsors of groups and/or activities which support terrorism or terrorism activities and are on the List of State Sponsors of Terrorism.  JLab will use the prevailing list posted at the DOE FACTS website.  JLab Security & Services will provide the prevailing list to those needing access for official purposes. 

Subject Matter Expert (SMEs) - An employee who is knowledgeable about the professional standards, requirements, and practices used within the disciplines he/she represents (i.e., visa/immigration, physical security, export control, cyber security, technology transfer, or counterintelligence).

Subject Matter Expert Review - Consider facts associated with the request for access to Jefferson Lab facilities, programs, information and technologies. Initial screening of all non-U.S. citizen assignees is performed by Security & Services staff using e-tools to scan U.S. government export related lists on persons, companies, and commercial goods.  The reviewer can refer the case to another SME or DOE Counterintelligence for consultation, documentation, and advice.  If still unresolved the case may be referred for an independent Advisory Opinion through the Department of Commerce or Department of State.  Unresolved issues will be presented to the JLab Director for a decision with the advice of JSA legal counsel.

Visitor - Access by non-U.S. citizen for 30 calendar days or less.  Approval for visits will be suspended any time a foreign national assignee is unable to provide documentation that he/she is legally present in the United States.  Information is not required to be entered into the FACTS system but is tracked in the Jefferson Lab Information System (JLIST) by JRIS.  If the visit exceeds 2 weeks, the visitor must register as a User with JRIS.

Casual Visitor - Infrequent visitor who signs the building receptionist log book and self declares citizenship and place of birth.  Normally has a social or business need to contact a JLab employee, User, or subcontractor.  The JLab host/contact is responsible for informing the guest of JLab security and safety requirements and referring the person to JRIS if the visit exceeds one day.    

Badged Visitor: Non-U.S. citizen who is issued a Jefferson Lab Badge providing unescorted access to Jefferson Lab campus or ARC facilities for up to two weeks.  Must register with JRIS by providing picture identification and USCIS information. 

E. GENERAL

Jefferson Lab’s graded approach to implementation of the DOE UFV&A program is at the basic level consistent with the following:

F. REQUIREMENTS

1. Non-U.S. citizens whose country of origin is Cuba, Iran, Sudan, or Syria (also known as T-4 nationals) These requirements do not apply to U.S. citizens whose country of origin is these four nations.

2. All non-U.S. citizens, excluding casual visitors, will be referred to JRIS for identification and validation of U.S. Citizenship and Immigration Services information before provided JLab badged entry to Jefferson Lab facilities.

3. All Sensitive Country Nationals on approved assignments with JLab picture badged access to JLab facilities, information, and technologies are tracked and maintained in FACTS and JLIST.

In cases where FACTS documentation, SME reviews, indices checks and Lab Director’s approval are all required, a JLab picture badge may be issued before completion of the approval process. 

All Sensitive Country Nationals on approved visits with JLab picture badged access to Jefferson Lab facilities; information and technologies are tracked and maintained in JLIST.

JLab picture badge access may be suspended at any time by the Facility Security Officer if derogatory/questionable information is discovered or Sensitive Country National cannot present current unexpired legal immigration documents.  Site access will terminate at a specified “End Date” set by the earliest expiration date of the authority to work document, passport, or other USCIS documents or specified visit/assignment dates.

4.All Non-Sensitive Country  Nationals on approved visits or assignments with JLab picture badged access to Jefferson Lab facilities, information, and technologies are tracked and maintained in JLIST.

Site access will terminate at a specified “End Date” set by the earliest expiration date of the authority to work document, passport, or other USCIS documents or specified visit/assignment dates.

5. All non-U.S. citizens on approved remote access to JLab information and technologies are tracked and maintained in JLIST.

All non-U.S. citizens without a JLab picture badge must register as an international visitor for each onsite visit and are tracked and maintained in JLIST.

6. Daily casual visitors to campus buildings will be handled in a graded manner.  Campus visitors to JLab facilities, not specifically excluded in paragraph C. above will be referred to the sign-in books at the receptionist’s desks.  Casual visitors of JLab picture badge holders will self declare citizenship and place of birth by signing in and be assisted in a prompt business-like manner by their JLab host/contact.  The JLab badged contact will ensure their guest is assisted, escorted when required to ensure there is no unauthorized access and departs the lab when the visit is complete.   Repeat casual visits will be referred to JRIS for international registration and be issued a JLab badge.  Non-U.S. citizens must be entered into JRIS prior to entering the Accelerator Site.     Expected evening/weekend/and holiday arrivals of current JRIS international registered Users should fax updated USCIS documents to JRIS in advance, and may be escorted into the Accelerator Site to perform shift work, but must promptly update international registration information and required training at the earliest opportunity.

7. Only DOE or JSA employees, including JLab Joint Appointees, can host non-U.S. citizens.  T-4 Country Nationals cannot host non-U.S. citizens.  Sensitive Country Nationals cannot host other Sensitive Country Nationals.  All hosts are required to complete annual Host Training (GEN006).

8. Non-U.S. citizens identified as participants in technology transfer agreements, i.e. Work for Others, Cooperative Research and Development Agreements (CRADAs), use of facilities, and other technical assistance contracts which involve access to Jefferson Lab will provide and have picture identification and USCIS employment authorization validated thru JRIS.  Site access will terminate at a specified “End Date,” set by the earliest expiration date of the agreement, authority to work document, passport, or other USCIS documents.       

9. Subcontractors in all Jefferson Lab agreements and subcontracts requiring access to Jefferson Lab must provide valid government issued pictured identification for access to Jefferson Lab property.  Subcontractors will certify their citizenship and place of birth status in writing.  Non-U.S. citizens must provide USCIS documents for verification.  The JLab SOTR and JLab contracting officer may resolve questions of citizenship and employment eligibility with the subcontractor’s employer of record.  Applicants who misrepresent their citizenship or place of birth may be barred from doing business at Jefferson Lab. 

10. Requests to host conferences and workshops on JLab property or off JLab property at non-government venues will be coordinated through the Conference Manager.  JLab conference planners will submit requests according to conference planning procedures for concurrence as needed by the DOE TJSO, or designated JLab approval officials.   The Conference Manager services will develop procedures to be placed in the JLab Site Security Plan and notify staff of the process.

G. RESPONSIBILITIES

Delegated Approval Authority in accordance with DOE Order 142.3A, Unclassified Foreign Visits and Assignments Program -  DOE TJSO Manager letter, Unclassified Foreign Visits and Assignments Approval Authority dated July 8, 2011  delegates approval authority to Michael D. Dallas, R. Roy Whitney, and Joseph L. Scarcello until rescinded, amended, or superseded in writing.

Facility Security Officer - Responsible for the Unclassified Foreign Visits and Assignments Program consistent with DOE Order 142. This means assuring that all unclassified foreign  assignments by sensitive country foreign nationas and visits and assignments by T-4 foreign nationals are tracked in the Foreign Access Central Tracking System (FACTS); indices checks are favorably completed, security plans are completed when required, all visits by sensitive country nationals and visits and assignments by non-sensitive country nationals are locally approved, tracked and maintained in the JList database; the visa/passport information are obtained and that the appropriate subject matter experts review all visits and assignments.

FACTS Site Representative - JLab focal point for all services involving the DOE FACTS systems; verifies official system access, recommends access approval to DOE, audits records, and keeps senior laboratory officials advised of programmatic system changes.  Responsible for revising the official UFV&A Contact List for Jefferson Lab and the DOE TJSO appointing primary and alternate UFV&A approval, concurrence, and Subject Matter Experts.

Registration / International Services (JRIS) - Centrally manages the laboratory international identification and Department of Homeland Security/USCIS document validation process.  Maintains appropriate documentation of legal immigrant or nonimmigrant status, identity, and citizenship required for all non-U.S. citizens receiving JLab picture badges (staff, user, subcontractor, ARC commercial) and all non-U.S. citizens issued JLab picture badges. Documents and maintains information for visitors receiving a JLab badge, not required to be documented in FACTS.  Maintains a file of visitors receiving a conference badge, when applicable.

Conference Services - Manages the review, concurrence, and approval process for on-site and off-site conferences, meetings, and workshops.  Manages the laboratory conference, meeting, and workshop web site to inform all participants of UFV&A requirements in a transparent manner along with all other registration requirements.  Coordinates administration of identification and USCIS document verification as an integral part of routine conference registration services, when applicable

Subject Matter Expert (SME) - An individual who is knowledgeable about the professional standards, requirements, and practices used within the discipline he/she represents.  The following positions are designated SMEs for the JLab UFV&A program and participate in a standard SME review;

Tasks   JLab Duty Position
Immigration   Visa & Immigration Administrator
Export Control/Site Security   Security & Services Manager
Counterintelligence   JLab Counterintelligence Officer
Technology Transfer   Technology Transfer Staff Scientist
Cyber Security   Cyber Security Manager

Host: - The JLab or DOE TJSO employees, including  JLab Joint Appointees, responsible for the activities associated with the successful accomplishment of a visit or assignment.  Except for nationals of state sponsors of terrorism, a foreign national who is a JLab employee, Joint Appointee, or DOE employee may be a host. 

PROCEDURE

Processes and procedures are outlined in the Jefferson Lab Site Security Plan and approved by the DOE Thomas Jefferson Lab Site Office.

Revision 8


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