Export Control Regulations

Reference guide to U.S. export control requirements and definitions

Overview

The United States maintains comprehensive export control regulations to protect national security, foreign policy interests, and economic objectives. The two primary regulatory frameworks governing the export of defense articles, services, and dual-use technologies are the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR).

International Traffic in Arms Regulations (ITAR)

ITAR is administered by the Directorate of Defense Trade Controls (DDTC) within the U.S. Department of State. These regulations control the export and temporary import of defense articles and defense services covered by the United States Munitions List (USML).

Key Requirements

All manufacturers, exporters, and brokers of defense articles, defense services, or related technical data must register with DDTC
Licenses or other approvals are generally required before exporting defense articles or providing defense services to foreign persons
Technical data related to defense articles cannot be disclosed to foreign persons without authorization
"Deemed exports" occur when technical data is disclosed to foreign persons within the United States

22 CFR Parts 120–130

Export Administration Regulations (EAR)

EAR is administered by the Bureau of Industry and Security (BIS) within the U.S. Department of Commerce. These regulations control the export of dual-use items—goods and technologies that have both commercial and military or proliferation applications—listed on the Commerce Control List (CCL).

Key Requirements

Items on the Commerce Control List may require an export license depending on the item's classification, destination, end-user, and end-use
Certain countries, entities, and individuals are subject to enhanced restrictions or prohibitions
License exceptions may be available for certain transactions
Record-keeping and reporting requirements apply to covered transactions

15 CFR Parts 730–774

Definition of "U.S. Person"

The term "U.S. Person" is central to export control compliance. The definition varies slightly between ITAR and EAR:

Under ITAR (22 CFR § 120.62)

"U.S. Person" means:

A person who is 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)
Any corporation, business association, partnership, society, trust, or other entity or organization that is incorporated to do business in the United States
Any governmental (federal, state, or local) entity

Protected individuals under 8 U.S.C. 1324b(a)(3) include:

U.S. citizens
U.S. nationals
Lawful permanent residents (Green Card holders)
Persons admitted as refugees under 8 U.S.C. 1157
Persons granted asylum under 8 U.S.C. 1158

Under EAR (15 CFR § 772.1)

"U.S. Person" means:

Any individual who is a citizen of the United States, a permanent resident alien of the United States, or a protected individual as defined by 8 U.S.C. 1324b(a)(3)
Any juridical person organized under the laws of the United States or any jurisdiction within the United States, including foreign branches
Any person in the United States

Foreign Persons

A "Foreign Person" is any natural person who is not a U.S. Person, or any foreign corporation, business association, partnership, trust, society, or other entity not incorporated or organized to do business in the United States, as well as international organizations and foreign governments.

Disclosure of controlled technical data or technology to a foreign person—whether inside or outside the United States—may constitute an export requiring authorization.

Dual Nationals and Third-Country Nationals

Individuals who hold citizenship in both the United States and another country (dual nationals) are generally considered U.S. Persons for export control purposes. However, additional considerations may apply depending on the other country of citizenship and the nature of the controlled items or information involved.

Third-country nationals working for U.S. companies abroad, or foreign nationals working in the United States, require careful analysis to determine applicable export control requirements.

Employment Considerations

Many positions involving access to export-controlled technical data, defense articles, or controlled technology require employees to be U.S. Persons. This requirement exists because:

Disclosure of ITAR-controlled technical data to foreign persons requires specific authorization from DDTC
Access to certain EAR-controlled technology by foreign persons may require a deemed export license from BIS
Classified programs require U.S. citizenship and security clearance eligibility
Certain government contracts impose U.S. Person requirements on contractor personnel

These requirements are legal obligations under U.S. law and are not subject to waiver or exception based on individual circumstances.

Questions

For questions regarding export control compliance or U.S. Person requirements as they relate to Junker & Douglas, please contact our compliance team.

compliance@junkerdouglas.com

Regulatory Resources

This page is provided for general informational purposes only and does not constitute legal advice. Export control regulations are complex and subject to change. Organizations and individuals should consult with qualified legal counsel regarding specific compliance obligations. Junker & Douglas makes no representations regarding the completeness or accuracy of this information.