Approved by the Engineering Practice Policy Committee on April 25, 2024
Approved by the Public Policy and Practice Committee on May 29, 2024
Adopted by the Board of Direction on July 18, 2024

Policy

The American Society of Civil Engineers (ASCE) believes that engineering services performed across state and international boundaries must be performed by or under the direction of engineers licensed in the jurisdiction where the project is located, and in conformance with laws and regulations of that jurisdiction. In the jurisdiction for which the work product is being prepared, ASCE believes engineering services must:

  • Follow practices of engineering quality control and assurance.
  • Follow standard of care required.
  • Meet the requirements for responsible charge of engineering design services, including signing/ and sealing of documents.

Regardless of the jurisdiction where the project is located, ASCE believes that engineering services must:

  • Protect public health, safety, and welfare.
  • Protect national security interests and follow security requirements.
  • Follow principles and/or requirements of Qualifications-Based Selection using full disclosure of staffing and location.

Issue

ASCE recognizes that engineering professionals licensed within a project location jurisdiction are best positioned to ensure: the health, safety of welfare of the public; the compliance with applicable regulatory requirements; the effective use of available resources; and limitations or opportunities of available project locations.

Performance of engineering services by personnel located in one jurisdiction, for a project to be constructed in another jurisdiction, is common practice within the engineering design industry. To assure protection of public health, safety, and welfare, applicable regulations can require that a Professional Engineer – licensed within the project location jurisdiction - be placed in responsible charge of the engineering design of projects within that jurisdiction. Similarly, globalization has impacted ASCE members, the engineering practitioner, and the practice of civil engineering. As globalization has increased, the use of engineering services across international boundaries has increased. This trend is a response to staffing requirements, schedules, unique expertise, and the need to control costs as well as remain competitive in the global marketplace. Likewise, the practice of engineering across state and international boundaries exposes and expands access to sensitive information concerning facilities and infrastructure globally. Practitioners must be cognizant of the security ramifications of such access and potential increased vulnerability. Moreover, the advancement of technologies and industry competitiveness has increased the necessity for the practice of engineering across state and international boundaries.

Rationale

The primary tenet of ASCE’s Code of Ethics is the protection of the public health, safety, and welfare. As globalization of engineering practice and services increases, responsible charge of engineering services should meet requirements of the jurisdiction where the project is located. Security measures should be taken to protect sensitive information and jurisdictions where work is performed.

ASCE Policy Statement 509
First Approved in 2005