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State Department Questions

  • What is a foreign person?

    A foreign person is any natural person who
    (a) is not a lawful permanent resident of the United States as defined by 8 USC 1101
    (a)(20), has dual U.S.-foreign citizenship, or is not a protected individual,
    (b) any foreign corporation or other entity that is not incorporated to do business in the United States, and
    (c) international organizations, foreign governments and any part of a foreign government (e.g., foreign diplomatic missions).

  • What is a U.S. persons?

    The term U.S. person encompasses lawful permanent residents of the United States; protected individuals as defined by 8 USC 1324b
    (a)(3); any corporation or other entity incorporated to do business in the United States; and any governmental (federal, state or local) entity.

  • Who can apply for an export or temporary imports license?

    U.S. persons and foreign embassies in the United States are authorized to apply for such licenses.

  • What is the meaning of the term defense service?

    Defense service means:
    (a) furnishing of assistance to foreign persons in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of defense articles, whether in the United States or abroad;
    (b) furnishing to foreign persons of any technical data controlled by the ITAR; and
    (c) military training of foreign units and forces, regular and irregular, whether in the United States or abroad, including by correspondence courses, and through media of all kinds, training aids, exercises and through the furnishing of military advise.

  • What do you mean by technical data means:

    For ITAR purposes, the term technical data means:
    (a) information, other than software as defined in 22 CFR 120.10(4), which is required for design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles, including information in the form of blueprints, drawings, photographs, plans, instructions and documentation;
    (b) classified information relating to defense articles and defense services;
    (c) information covered by an invention secrecy order; and
    (d) software, as defined in 22 CFR 121.8(f), directly related to defense articles. (Note that technical data does not include basic marketing information on function or purpose or general system descriptions of defense articles. Nor does it include information concerning general scientific, mathematical or engineering principles commonly taught in schools, colleges and universities or information in the public domain).

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