U.S. Person vs. Foreign Person

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, the Pitt community should be familiar with the following definitions:
 
Export  | U.S. Person vs. Foreign Person |  Import
 

U.S. Person (EAR Part 772 and ITAR 120.15)

Pursuant to the EAR and the ITAR, a U.S. Person includes :
  • any individual who is granted U.S. citizenship; or
  • any individual who is granted U.S. permanent residence ("Green Card" holder); or
  • any individual who is granted status as a "protected person" under 8 U.S.C. 1324b(a)(3);
  • any corporation/business/organization/group incorporated in the United States under U.S. law;
  • any part of U.S. government.
 

Foreign Person

The regulations define a foreign person as anyone who is not a U.S. person. Therefore, this includes : 
  • any individual who is not a U.S. citizen; or
  • any individual who is not a US permanent resident alien ("green card" holder); or
  • any individual who is not a protected individual (e.g., refugees, or have political asylum);
  • any foreign corporation/business/organization/group not incorporated or organized under U.S. law;
  • foreign government and any agency or subdivision of foreign governments (e.g. diplomatic missions).
If the individual is not a U.S person, when applying the "deemed export" rules the EAR looks at the person's most recent citizenship or permanent residence whereas the ITAR looks at the person's country of origin (i.e., country of birth) and all current citizenships.