Under ITAR Laws and Regulations, what is the status of a US Person working for a foreign company? Are they still considered a US Person or are they now considered a Foreign Person?
In the ITAR, “foreign person” includes a company incorporated outside of the United States (even if it 100% owned by a company in the United States). So, let’s say a US citizen is working for a “foreign person,” when a US company wants to give ITAR technical data to that US citizen as part of that US citizen’s job with the foreign person, the US company should consider the US citizen to be a foreign person–the same foreign person as the company incorporated outside of the United States. This has significant practical ramifications for larger corporations where one day US citizen Sally is working for the US parent company in Chicago and the next day Sally is working for the US company’s wholly-owned subsidiary incorporated in the UK. One day Sally is an ITAR US person and the next day you need to treat her as an ITAR foreign person. Now, to complicate things a bit, some companies take the approach that if you give ITAR technical data to Sally while she is in the United States and you a
