[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12127]
[[Page Unknown]]
[Federal Register: May 18, 1994]
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DEPARTMENT OF STATE
Bureau of Political-Military Affairs
22 CFR Part 120
[Public Notice 2002]
Amendment to the International Traffic in Arms Regulations
Definitions of ``U.S. Person'' and ``Foreign Person''
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: The Department of State is amending the International Traffic
in Arms Regulations (ITAR) to clarify the definitions of U.S. and
foreign persons. Concerns have been expressed that the current 1993
definitions appeared to change the policy. The Department is therefore
amending the ITAR to make it clear that all lawful permanent residents
are included within the definition of U.S. persons for ITAR purposes
regardless of whether they have applied for naturalization.
EFFECTIVE DATE: May 18, 1994.
FOR FURTHER INFORMATION CONTACT:
Clyde G. Bryant, Jr., Chief, Compliance Enforcement Branch, Compliance
Division, Office of Defense Trade Controls, Bureau of Political-
Military Affairs, Department of State (703-875-6650).
SUPPLEMENTARY INFORMATION: The Department of State is amending the ITAR
to clarify the definitions of U.S. and foreign persons. The changes
will make clear that lawful permanent residents (as defined at 8 U.S.C.
1101(a)(20)) are U.S. persons for purposes of the ITAR. The change will
also exclude lawful permanent residents (as defined at 8 U.S.C.
1101(a)(20)) from the definition of foreign persons for ITAR purposes.
Until the publication of the revised ITAR in 58 FR 39285 (July 22,
1993), the ITAR clearly stated that lawful permanent residents, as
defined at 8 U.S.C. 1101(a)(20), were U.S. persons for ITAR purposes.
However, concerns have been expressed that the 1993 definitions
appeared to change the policy. The Department is therefore amending the
ITAR to make it clear that all lawful permanent residents are included
within the defintion of U.S. persons for ITAR purposes regardless of
whether they have applied for naturalization.
This amendment involves a foreign affairs function of the United
States and thus is excluded from the major rule procedures of Executive
Order 12291 (46 FR 13193) and the procedures of 5 U.S.C. 553 and 554.
This final rule does not contain a new or amended information
requirement subject to the Paperwork Reduction Act (44 U.S.C. 3501 et.
seq.).
List of Subjects in 22 CFR Part 120
Arms and munitions, Classified information, Exports.
Accordingly, for the reasons set forth in the preamble, 22 CFR
Subchapter M, Part 120 is amended as follows:
PART 120--PURPOSE AND DEFINITIONS
1. The authority citation for 22 CFR part 120 continues to read as
follows:
Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22
U.S.C. 2752, 2778, 2797); E.O. 11958, 42 FR 4311; 3 CFR 1977 Comp.
p. 79; 22 U.S.C. 2658.
2. Section 120.15 is revised to read as follows:
Sec. 120.15 U.S. person.
U.S. person means a person (as defined in section 120.14 of this
part) who is lawful permanent resident as defined by 8 U.S.C.
1101(a)(20) or who is a protected individual as defined by 8 U.S.C.
1324b(a)(3). It also means any corporation, business association,
partnership, society, trust, or any other entity, organization or group
that is incorporated to do business in the United States. It also
includes any governmental (federal, state or local) entity. It does not
include any foreign person as defined in section 120.16 of this part.
3. Section 120.16 is revised to read as follows:
Sec. 120.16 Foreign person.
Foreign persons means any natural person who is not a lawful
permanent resident as defined by 8 U.S.C. 1101(a)(20) or who is not a
protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means
any foreign corporation, business association, partnership, trust,
society or any other entity or group that is not incorporated or
organized to do business in the United States, as well as international
organizations, foreign governments and any agency or subdivision of
foreign governments (e.g. diplomatic missions).
Dated: May 3, 1994.
Lynn E. Davis,
Under Secretary for International Security Affairs.
[FR Doc. 94-12127 Filed 5-17-94; 8:45 am]
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