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Who is a U.S. Person?

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). 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. These controls will allow all employees to know their obligations regarding safeguarding technical data from those who require licensing for access to it. Training of all supervisors of foreign employees should also be conducted annually to review the technology control plans and requirements for restrictions to non-U.S. employees.


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