U.S. Person vs. Foreign Person

Who is considered a U.S. Person or Foreign Person as defined by EAR and ITAR

U.S. Person vs. Foreign Person

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

With respect to both EAR and 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); or
  • Any corporation/business/organization/group incorporated in the United States under U.S. law; or
  • Any part of the U.S. government

Foreign Person

The regulations define a foreign person as anyone who is not a U.S. person.  This includes:

  • Any individual who is not a U.S. citizen; or
  • Any individual who is not a U.S. permanent resident alien (Green Card holder); or
  • Any individual who is not a protected individual (e.g. refugees, or have political asylum); or
  • Any foreign corporation/business/organization/group not incorporated or organized under U.S. law; or
  • Foreign government and any agency or subdivision of foreign governments (e.g. diplomatic missions)

If your research project is deemed to be ITAR/EAR-controlled, the Export Control staff will confirm the status of each individual research team member.  Visit the Export Control website for more information about ITAR/EAR.  Please contact Export Control or Research Technology Compliance with any questions.

Article number: 
110761
Last updated: 
May 11, 2023
Service: 
Protecting Sensitive Data
Category: 
Frequently Asked Questions