Foreign Person Definition

Foreign Person Definition

So, you want to understand the truth about a Foreign Person Definition?  The U.S. Governmental agencies define the term “Export” broadly.  It is not limited to the shipment of an item to an overseas country.  When applying the U.S. Export regulations, U.S. Companies need to understand how to confirm a Foreign Person Definition with regards to an export or deemed export.  Both the ITAR and EAR have their own methodology to confirm and verify a Foreign Person Definition.

ITAR Foreign Person Definition

§ 120.16 Foreign person definition

Foreign person means any natural person who is not a lawful permanent resident as defined by 8 U.S.C. 1101(a)(20) or who is not a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any foreign corporation, business association, partnership, trust, society or any other entity or group that is not incorporated or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of foreign governments (e.g., diplomatic missions). [71 FR 20537, Apr. 21, 2006]

EAR Foreign Person Definition

Part 772.1

Foreign person. Any natural person who is not a lawful permanent resident of the United States, citizen of the United States, or any other protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any corporation, business association, partnership, trust, society or any other entity or group that is not incorporated in the United States or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of a foreign government (e.g., diplomatic mission). “Foreign person” definition is synonymous with a “foreign national,” as used in the EAR, and “foreign person” as used in the International Traffic in Arms Regulations (22 CFR 120.16). This definition does not apply to part 760 of the EAR (Restrictive Trade Practices or Boycotts).

What do you need to do?

The hard part for US Companies is to figure out how to apply these regulations in a practical manner to the day to day operations in the business. So the real issue is how do you distinguish between a US Person Definition and a Foreign Person Definition?

Help is available

Click on the link below to download our whitepaper on US Person Definition for Business.
CVG Strategy’s Export Compliance Experts can help you with using the Foreign Person Definition in an ITAR and Export Compliance Program to help you be compliant.
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