US Person Definition

US Person Definition

So, you want to understand the truth about the US 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 US Person Definition with regards to an export or deemed export.  Both the ITAR and EAR have their own methodology to confirm and verify a US Person Definition.

ITAR US Person Definition

§ 120.15 U.S. person.

U.S. person means a person (as defined in § 120.14 of this part) who is a lawful permanent resident as defined by 8 U.S.C. 1101(a)(20) or who is a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the United States. It also includes any governmental (federal, state or local) entity. It does not include any foreign person as defined in § 120.16 of this part. [ 71 FR 20537, Apr. 21, 2006]

EAR US Person Definition

§ 772.1 U.S. person.

(a) For purposes of §§740.21(e)(1), 744.6, 744.10, 744.11, 744.12, 744.13, and 744.14 of the EAR, the term U.S. person includes:
(1) Any individual who is a citizen of the United States, a permanent resident alien of the United States, or a protected individual as defined by 8 U.S.C. 1324b(a)(3);
(2) Any juridical person organized under the laws of the United States or any jurisdiction within the United States, including foreign branches; and
(3) Any person in the United States.
(b) See also §§ 740.9, 740.14, and 740.21(f)(2) and parts 746 and 760 of the EAR for definitions of “U.S. person” that are specific to those sections and parts.

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?
CVG Strategy’s Export Compliance Experts can help you with using the US Person Definition in an ITAR and Export Compliance Program to help you be compliant.

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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