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What is a U.S. person vs. a foreign national?

The export-control status of an individual — U.S. citizen, green-card holder, or protected individual versus everyone else — that decides who may access controlled technology at an ITAR or EAR facility.

Last Reviewed: 2026-06-01Plain-English reference · not legal advice

Plain-English Summary

Under U.S. export-control law, every individual is either a "U.S. person" or a "foreign person" (foreign national). A U.S. person is a U.S. citizen, a lawful permanent resident (green-card holder), or a protected individual such as certain asylees and refugees. A foreign person is anyone who is not a U.S. person — regardless of where they live or work. This status, not a job title or how trustworthy someone seems, determines whether they may be given access to export-controlled technology or technical data without prior government authorization.

Why This Matters

At a facility that holds ITAR- or EAR-controlled technology, letting a foreign national see or access that technology — even on U.S. soil — can count as an export to their home country, which often requires a government license first. That is why export-controlled sites ask each visitor to attest whether they are a U.S. person or a foreign national before check-in: the answer drives whether the visitor proceeds normally, must be escorted and kept away from controlled areas, or needs prior authorization. Capturing this at the door is a front-line export-control and physical-security control.

Explanation Depth

Concept Explanation

Export rules sort people into two buckets. A "U.S. person" is a U.S. citizen, a green-card holder, or certain protected individuals like some refugees and asylees. A "foreign national" (foreign person) is everyone else — even if they live and work here. At an ITAR facility, showing controlled military or high-tech information to a foreign national can legally count as "exporting" it to their country, which may need permission first. That is the reason the kiosk asks each visitor to say which one they are before they check in. Important: a "foreign national" answer does not mean "turn them away" — it means follow your escort and approval rules. Refusing people just because of where they are from is itself against the law.

When You'll See This in SecurePoint

In SecurePoint Visitor, the kiosk check-in flow captures an export-control attestation (U.S. person vs. foreign national) before a badge is issued, and that attestation persists through the headshot and submit steps. The status is recorded in the visit record and can be surfaced to the host or security so escort and area rules can be applied. The system enforces the facility's policy and records the decision; it does not auto-deny based on the attestation alone.

What You Should Do Next

Make sure every visitor records their U.S.-person / foreign-national status at check-in before a badge is issued. Treat a foreign-national attestation as a signal to apply your facility's escort, area-restriction, and host-approval rules — not as an automatic rejection. If status is unclear or unresolved, hold check-in and route to the host or security rather than waving the person through. Document the attestation and the access decision.

What Can Go Wrong

Two opposite mistakes both create liability. Under-controlling — giving a foreign national unescorted access to areas where controlled technical data is visible — can be an unauthorized export and a serious ITAR/EAR violation. Over-controlling — treating "foreign national" as a blanket ban and turning lawful workers away based on citizenship or national origin — has produced discrimination settlements under the Immigration and Nationality Act, enforced by the DOJ Immigrant and Employee Rights Section. The lawful path bases access on the specific controlled technology and the person's export-control status, using escorts and authorizations — never blanket national-origin screening. Access determinations belong with the customer and their counsel.
What is a U.S. person vs. a foreign national? | Compliance Academy | SecurePoint USA | SecurePoint USA