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Today I was doing my mandatory EAR/ITAR online training (fun stuff!), and one thing struck me about the concept of deemed exports. With it, the training course mentioned that it can be a deemed export if information/material is transferred to a foreign national while on US soil. But also said that it is not a deemed export if the recipient is a US citizen, LPR or in a protected class (such as refugee).

But this leaves out the concept of dual nationality citizens. For example if I want to transfer something to a US citizen, who also has dual nationality of a country where the transfer could be prohibited, how is that transfer classed?

Does the US or foreign nationality take precedence in this case? I'm certain it would be a Bad ThingTM to do either way, but the training course never touched on it.

Peter M
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1 Answers1

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See 15 CFR 734.13

(a) Except as set forth in § 734.17 or § 734.18, Export means:...

(2) Releasing or otherwise transferring “technology” or source code (but not object code) to a foreign person in the United States (a “deemed export”);

(emphasis added). A US dual citizen is not a foreign person, see 15 CFR 772.1:

Any natural person who is not a lawful permanent resident of the United States, citizen of the United States, or any other protected individual as defined by 8 U.S.C. 1324b(a)(3).

user6726
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