Today’s topic is about U.S. Persons. This, being an export-centric blog, will focus on the export implications:
A U.S. person, in terms of export licensing, is any U.S. citizen, lawful permanent resident (i.e. Green Card holder), or individual who is granted status as a “protected person” under 8 U.S.C. 1324 b(a)(3). It also includes dual-citizens of the U.S. and another country. Foreign Nationals are non-U.S. persons (including those with work authorizations).
That seems simple, but herein lies the fuzzy:
Additionally, U.S. persons who represent foreign companies should be treated as a foreign national when visiting a U.S. company. For non-U.S. person employees, it may be necessary to secure BIS or DDTC licensing for those employee to access controlled technical data and/or product depending on their requirement for access to controlled technical data/technology. Additionally, if you have foreign national employees it is important to have a technology control plan in place.
The source for all of this is Wilmarth & Associates, this blog post. For additional information straight from the U.S. government, visit the State Department. Several universities also offer information online, since this is a topic of concern to research and its interaction with export controls: