ITAR: Who Is a U.S. Person?

The main goal of the International Traffic in Arms Regulations (ITAR) is to control the export of military and defense technology. And while this seems straightforward enough, things get a bit more complex when you take a closer look. For example: who is a U.S. person under ITAR? In today’s blog post, we give you all the information and sources you need to know.

What Is ITAR?

The International Traffic in Arms Regulations, or ITAR, is a regulatory regime that controls the manufacture, export, and distribution of defense and military-related articles as well as the furnishing of defense services as defined in the United States Munitions List, or USML.

ITAR is administered by the Directorate of Defense Trade Controls within the State Department.

When trying to make sense of ITAR, you need to keep in mind that ITAR gives the term “export” a very broad meaning.

Of course, “export” according to ITAR includes sending articles to other countries. But it also covers technical information. For example, someone could export ITAR data by sharing it in conversation with a foreign person, even if the foreign person lives in the United States.

ITAR violations can lead to imprisonment, substantial fines, or both, so you want to make sure to understand ITAR as thoroughly as possible.

All this begs a couple of questions: Who is a U.S. person under ITAR? Who is considered a foreign person? Let’s take a dive into a couple of key documents to find out.

Who Is a U.S. Person Under ITAR?

Here’s the official definition of a U.S. Person according to ITAR:

“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.”

This is a good starting point, but if you don’t know the documents being referenced, it’s only a partial answer. Let’s do some research, then.

Section 8 of the United States Code deals with aliens and nationality. According to the ITAR definition and the portions of the code cited above, U.S persons for ITAR purposes include the following:

Individuals who are U.S. citizens
Individuals who are granted U.S. permanent residence (Green Card holders)
Individuals who are granted status as a “protected person” under 8 U.S.C. 1324b(a)(3) (refugees and asylum recipients)
Any business or organization incorporated in the United States under U.S. law
Any part of the U.S. government

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Who Is a Foreign Person Under ITAR?

Understanding ITAR also means having a good grasp of who is considered a foreign person. When it comes to ITAR, a foreign person includes the following categories:

Any individual who is not a U.S. citizen
Any individual who is not a U.S. permanent resident alien (Green Card holder)
Any individual who is not a protected individual (in other words, people who are not refugees, or have not been granted political asylum)
Any foreign corporation, business, organization, or group not incorporated or organized under U.S. law
international organizations, foreign governments, and any agency or subdivision of foreign governments

To learn more about ITAR and the United States Munitions List, read our previous post, “Is ITAR Data CUI?“

For more ITAR information, head over to the ITAR Compliance section of our website or get in touch with our experts today.

Need To Achieve ITAR Compliance? We Are Here To Help

Whether it’s CMMC, NIST SP 800-171, DFARS, or ITAR, we help organizations achieve compliance with all applicable cybersecurity regulations at any level so that they can win and maintain Department of Defense (DoD) contracts.

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