Hosting Foreign National Assignees, Users and Visitors

Title:	Hosting Foreign National Assignees, Users and Visitors
Publication date:	12/12/2024
Effective date:	12/12/2024

BRIEF

Policy Summary

This policy outlines the requirements and limitations for Hosting Foreign Nationals at the Lawrence Berkeley National Laboratory (LBNL) to ensure compliance with DOE O 142.3b, Unclassified Foreign National Access Program, and LBNL security protocols, and to manage Host responsibilities effectively. The goal of this policy is to protect national security interests while fostering international collaboration.

Who Should Read This Policy

This policy applies to all LBNL and Berkeley Site Office career employees who intend to Host Foreign Nationals for any purpose, including affiliation, collaboration, research, tours, meetings, and conferences.

To Read the Full Policy, Go To:

The POLICY tab on this wiki page

Contact Information

Viviana Oropeza, Security Operations Manager
Foreign National Access Program Office
[email protected]

Title:	Hosting Foreign National Assignees, Users and Visitors
Publication date:	12/12/2024
Effective date:	12/12/2024

POLICY

A. Purpose

This policy outlines the requirements and limitations for hosting affiliate and visitor foreign nationals at the Lawrence Berkeley National Laboratory (LBNL) to ensure compliance with DOE O 142.3b, Unclassified Foreign National Access Program, and LBNL security protocols, and to manage Host responsibilities effectively. The goal of this policy is to protect national security interests while fostering international collaboration.

B. Persons Affected

This policy applies to all LBNL career employees and Berkeley Site Office employees who intend to Host Foreign Nationals for any purpose, including affiliation, collaboration, research, tours, meetings, and conferences.

C. Exceptions

Foreign National career employees are exempt from this requirement. Any request to exceed the maximum number of Foreign Nationals must be approved in advance by the Officially Designated Security Authority, or their designee, based on a detailed justification provided by the Host. Events held onsite that are designated as public events by the Officially Designated Security Authority are exempt from this requirement.

D. Policy Statement

D.1 Requirement thresholds for Hosting Foreign Nationals

Maximum number of Foreign Nationals per Host:
1. Hosting Foreign National Affiliates: Each Host is permitted to sponsor a maximum of 30 onsite Foreign National affiliates at any given time. This limit ensures that Hosts can adequately manage their responsibilities and maintain compliance with DOE policies.
2. Hosting Foreign National Users: Foreign National User affiliates may be assigned to an Administrative Host in the Human Resources onboarding process; however, they also need to be assigned a Work Lead Host. Work Lead Hosts are permitted to have 10 onsite Foreign Nationals at any given time.
3. Hosting Foreign National Visitors: Each Host is permitted to sponsor a maximum of 20 onsite Foreign National visitors at any given time. If Hosting a large event/meeting, multiple Hosts can be assigned to ensure the 20 Foreign National threshold is not exceeded.

D.2 Host Responsibilities

LBNL Hosts perform a significant role in ensuring the graded DOE requirements associated with Foreign National access are met. Only Berkeley Lab or Berkeley Site Office career employees are authorized to Host. Nationals of State Sponsors of Terrorism countries are not allowed to Host other Foreign Nationals. The following outlines the key responsibilities of the Host:
1. Supervision and Accountability: The Host must be onsite, or designate an alternate Host, when the Foreign National is onsite. The Host must ensure that they identify themselves, or their designee, to the Foreign National as their point of contact. The Host must escort visitors, such as subcontractors or vendors coming on-site to perform work. Hosts are also responsible for communicating that if any rules are violated, information is not provided, or provided information is fraudulent, the assignee/visitor’s access is subject to suspension and they may be removed from site. The Host/Work Lead is also responsible for adhering to LBNL institution policies and procedures to include safety and security requirements.
2. Site Access and Badging: The Host must ensure that the Foreign National completes the appropriate onboarding/badging/site access process before starting work/visit. The Host also must ensure that the Foreign National understands that immigration documents/information must be provided before the assignment/visit start date.
3. Training Requirements: The Host is responsible for completing LBNL training SEC0505 - Hosting Foreign Visitors and Assignees. The Host is also responsible for ensuring that all of their assignees complete mandatory training sessions, including security awareness, General Employee Radiological Training, and any other relevant orientation programs before accessing the Laboratory
4. Departure and Badge Return: Upon the completion of the visit and/or assignment or in the event of an early departure, the Host must ensure that the Foreign National returns their badge, parking permit, keys, and all other LBNL property.

E. Roles and Responsibilities

Role	Responsibility
Host/Supervisor/Work Lead	Ensures compliance with Hosting thresholds. Completes Berkeley Lab Training SEC0505 — Hosting Foreign Visitors and Assignees. Reviews and becomes familiar with the current sensitive subjects list. Ensures the visitor/affiliate understands that immigration documents must be provided before the assignment start date. Ensures the visitor/affiliate completes the appropriate badging process before starting work. Informs the visitor/affiliate of reporting requirements regarding changes in immigration status and criminal or civil problems that could impact their immigration status. Ensures the visitor/affiliate has completed all required training and understands how to properly use their badge. Communicates to the visitor/affiliate that if any rules are violated, information is not provided, or information is fraudulent, the assignee’s access is subject to suspension and they may be removed from the site. Ensures that the visitor/affiliate’s badge, parking permit, keys, and other Berkeley Lab property have been appropriately returned. Processes timely visitor passes for on-site and off-site locations. Escorts visitors, such as subcontractors or vendors, coming on site who are performing work without an LBNL badge.
Visitor/Assignee	Provides timely and accurate information to the Host regarding background, immigration status, citizenship, and identity. Maintains all applicable documentation at all times to ensure lawful immigration status is maintained for the duration of the visit or assignment, including passports. Does not enter unapproved areas of the Laboratory without an escort. Notifies Hosts of any immigration status changes or criminal issues that may impact the lawful right to work. Completes all assigned training
Foreign National Access Program Specialist	Conducts monthly audits to ensure compliance with Hosting Thresholds. Communicates with Host/Visitor/Affiliate if additional Hosts or exemption is needed. Notify’s Foreign National Access Program Manager if any Host exceeds the threshold.
Foreign National Access Program Manager	Maintains this policy and conducts oversight activities to assure compliance with it and DOE O 142.3B. Serves as the subject matter expert for the Foreign National Access Program regarding DOE O 142.3B. Briefs senior management on program compliance, updates, and issues.

F. Definitions/Acronyms

Term	Definition
Foreign National	A person who is not a U.S. Citizen by birth or naturalization. This includes a stateless person and legal permanent residents of the U.S.
Host	A Berkeley Lab or DOE career employee who is familiar with the work being performed, responsible for the person performing the work, and aware of any potential security or export control concerns related to the work. Must not be from a State Sponsor of Terrorism country.
Administrative Host	A Host used to process and manage the administrative tasks related to Foreign National Users. Are Berkeley Lab career employees and/or Berkeley Site Office career employees authorizing and coordinating affiliate appointments. Handle onboarding tasks, Human Resources records, and compliance with relevant regulations. Cannot be the direct supervisor of the Foreign National.
Work Lead Host	A Host designated to serve as the main point of contact for Foreign National Users. They adhere to all Hosting responsibilities and oversee the day-to-day activities of the Foreign Nationals during their visit.
Affiliate	Individuals who are not Berkeley Lab employees but are engaged in a wide range of Berkeley Lab activities involving Laboratory research, the use of Laboratory facilities, or the provision of a service to Berkeley Lab. Affiliates are not permitted to Host any individuals. See the Affiliates policy in the Requirements and Policies Manual.
Visitor	An individual requiring temporary access that are neither employees nor affiliates with Berkeley Lab and do not receive a Berkeley Lab ID badge.

G. Recordkeeping Requirements

None

H. Implementing Documents

Document Number	Title	Type
SES.S&S.PPM.Plan.006	Site Security Plan	Program Plan

I. Contact Information