Key Definitions

Export – Under U.S. export control regulations, an export is the shipment or transmission of an item, technology, technical data, source code, or defense service, outside of the U.S., or in the case of a deemed export, to foreign persons located within the U.S. The method of export does not matter, and some examples include, but are not limited to: physical shipments (e.g., FedEx); items hand carried during travel; information conveyed through emails, verbal communications, or video sessions; and downloads from the cloud.

Deemed Export – A deemed export is the release of technical data (ITAR), technology (EAR), or source code (EAR) to a foreign national located within the physical territory of the U.S. Deemed exports can occur through means such as, but not limited to: demonstrations, oral briefings, site visits, or any transmission of non-public data. Under the ITAR, the release is deemed to be an export to all countries in which the foreign person has held or holds citizenship or holds permanent residency. Under the EAR, the release is deemed to be an export to the foreign person’s most recent country of citizenship or permanent residency.

Foreign Person/Foreign National – A foreign person, often used synonymously with foreign national, is an individual (or entity) that is not a U.S. person. The definition of U.S. person may vary depending on the set of U.S. export regulations, and in some cases within a given set of regulations. While it is important to understand that nuance, a basic working definition of U.S. person includes: U.S. citizens; lawful permanent residents (green card holders); refugees, asylees, or other protected individuals; or entities incorporated under the laws of the United States.

Lawful Permanent Resident – This is an immigration status bestowed upon an individual by the U.S. Government or a foreign government. Under U.S. export law, individuals with lawful permanent residency in the U.S. (i.e., Green Card Holders) are considered U.S. persons, and permitted to access technology and technical data that is restricted to foreign persons by U.S. export control laws. Lawful Permanent Residents typically would not hold a U.S. visa.

U.S. Person – The definition of U.S. person may vary depending on the set of U.S. export regulations, and in some cases within a given set of regulations. While it is important to understand that nuance, a basic working definition of U.S. person includes U.S. citizens; lawful permanent residents (green card holders); refugees, asylees, or other protected individuals; or entities incorporated under the laws of the United States.

U.S. Sanctions – The U.S. department of the Treasury, Office of Foreign Assets Control (OFAC) implements and enforces U.S. sanctions on behalf of the U.S. Government. Sanctions may be comprehensive or targeted in nature. Comprehensive sanctions affect an entire country, while targeted sanctions impact only designated individuals and/or entities.