Hiring U.S. Citizens and Other Nationals for Your Canadian Business: Juggling Canada’s Enhanced Security Strategy, EAR and ITAR Nationality Rules with Canadian Human Rights and Privacy Laws

January 29, 2014 9:30am

• Incorporating new EAR requirements into your recruitment and hiring process: The overlap and differences between ITAR, EAR and CGP rules regarding nationality
• How U.S. export controls affect the hiring of U.S. citizens in Canada, including the “last acquired citizenship” rule under the EAR
• Short term temporary workers:
– how they are defi ned under ITAR 124.16 and 125.18-how defined
– managing conflicts between the ITAR and Canadian employment laws
• Permissibility of questions under Canadian human rights and privacy laws
– questions that you can/cannot ask with regard to nationality
– timing of questions
– how to phrase questions
• How Canada’s Enhanced Security Strategy dovetails with the ITAR 126.18 exemption
• Changing your approach to hiring decisions, and how to deal with candidates who don’t meet security requirements
• U.S. export controls language to incorporate into your offer letters, employment agreements and using non-disclosure agreements (NDAs)