Approved by the Engineering Practice Policy Committee on May 21, 2021
Approved by the Public Policy and Practice Committee on June 3, 2021
Adopted by the Board of Direction on July 16, 2021
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 national security and follow security requirements.
- Protect public health, safety, and welfare. and
- Follow principles and/or requirements of Qualifications-Based Selection using full disclosure of staffing and location.
Issue
Performance of engineering services by personnel located in one jurisdiction state, for a project to be built in another jurisdiction, has been common for decades. To assure public health, safety, and welfare, jurisdiction licensing laws require a licensed Professional Engineer – licensed by that jurisdiction - be in responsible charge of engineering design of projects within that jurisdiction.
Globalization impacts ASCE membership, the engineering practitioner, and the practice of civil engineering. As globalization increases engineering services across international boundaries has increased. This trend is a response to staffing requirements, schedules, unique expertise, and the need to control costs and remain competitive in the global marketplace.
The advancement of technologies and ever-present competitiveness has greatly increased performance of engineering services across state and international boundaries. ASCE is concerned about the retention of a licensed Professional Engineer – licensed by the jurisdiction – to be in responsible charge of engineering design of projects within that jurisdiction, including the signing and sealing of engineering documents.
The practice of engineering services across state and international boundaries expands global access to sensitive information concerning facilities and infrastructure. Practitioners must be cognizant of the security ramifications of such access and potential increased vulnerability.
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