Deemed Export Regulations: Who Qualifies as a Foreign Person?

A foreign person is any:

  • Person who is not a US Citizen, US permanent resident, legal refugee, or other similarly-authorized individual;
  • Employees on H1B1, H1B, L1, and O1A visas are therefore considered foreign persons under EAR and ITAR. This can increase the administrative overhead quite substantially if you and your organization are unprepared.
  • Entity that is not incorporated or organized under US law; or
  • Foreign government or agency/department of a foreign government.


If you export/release controlled technology or technical data to a foreign person, entity, or government, you will have violated the deemed export rule, thus exposing you and your firm to substantial criminal fines and imprisonment (in certain circumstances).

Comments are closed.