Regulatory Basics

Persons and Entities
Foreign Person

 Foreign Persons refers to any person or entity who is not a U.S. Person. Foreign Persons include students and employees in the U.S. on a visa and Foreign Persons working in the U.S. and overseas corporate regional offices. This term also refers to any foreign corporation or other business organization, as well as any foreign government or government agency, or subdivision. Because you may work side-by-side with local nationals you must ensure that you understand what you may and may not discuss or demonstrate to a Foreign Person. It is important to remember your ultimate responsibility is to protect the national security of the United States. While you are encouraged to be friendly with your Foreign National counterparts — be very cautious in the things you tell them, the items you allow them to handle and the answers to questions they may ask you. Make sure you have the required authorizations in place prior to sharing technical data, defense services, or hardware. Do not exceed the scope of your authorization and if you are unsure if something is covered under your authorization — do not share it.

U.S. Persons (citizens) working for and thus representing a foreign company are generally treated as Foreign Persons. This is a difficult concept to remember, even if the person you are working with is a U.S. citizen — if they work for a foreign entity they must be treated like a Foreign Person. This means you cannot share technical data, defense articles, or defense services with them and your interaction with them must be within the scope of your authorization. Do not be tempted to share stories or TTPs based on prior similar backgrounds with a U.S. citizen working for a foreign entity — you must remember that they work for a foreign country and may share the details of what you give them to a foreign government, thus holding you liable for exporting without an authorization.

It makes no difference whether the Foreign Person is an employee of a U.S. company or is a visitor for marketing, product development, consulting, training, or for any other purpose. [your export professional will need to coordinate with the Human Resources department to identify Foreign Persons in your organization or those your organization may wish to hire in the future. Your compliance professional also needs to make certain that foreign visitors (even TigerSwan employees from foreign affiliates) are identified and made subject to Export controls as required.

Even when working with another U.S. company, you cannot release technical data to a Foreign Person employed by that company.

Generally transfers of technical data within the United States among U.S. Persons are not subject to ITAR controls, such as when one U.S. Person releases technical data to another U.S. Person. However, when a U.S. Person knows, or has reason to know, that the technical data subsequently will be exported, an ITAR approval may be required.

The USG reviews citizenship (passport), where the Foreign Person was born (nationality) and where the Foreign Person lives (residence).