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Export Regulation Question: Are the U.S. employees of a foreign company "foreign nationals" under the ITAR?

San Diego, CA |

Under the ITAR, "Foreign National" includes companies not incorporated in the U.S. Does that mean that foreign company employees (who are U.S citizens or permanent residents) are Foreign Nationals, and providing tech data to them would be an export?

Attorney Answers 3

  1. The regulation has a clear definition of who is a us person and US cutizens as well as permanent residents are considered US persons.

  2. Your question falls outside of the scope of US immigration law.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

  3. No, it does not. Read those export regulations again.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.