The US government agencies define the term Export broadly.  It is not limited to the shipment of an item to an overseas country.  When applying the US Export regulations, the NDSU community should be familiar with the following definitions:

US Person (EAR PART 772 and ITAR 120.15)

• US citizenship; or
• US permanent resident ("Green card" holder); or
• a "protected person" under 8 U.S.C. 1324b(a)(3);
• any corporation/business/organization/group incorporated in the United States under US law;
• any part of the US government.

Foreign Person

Anyone who is not a US person.  This include:

• any individual who is not a US citizen; or
• any individual who is not a US permanent resident alien (not a "green card" holder; may be on an H-1B, H-3, L-1, J-1, or F-1 practical training Visa); or
• any individual who is not protected individual (e.g., refugees, or have political asylum);
• any foreign corporation/business, organization/group not incorporated or organized under US law;
• foreign government and any agency or subdivision of foreign governments (e.g. diplomatic missions).

If the individual is not a US person, when applying the "deemed export" rules the EAR looks at the person's most recent citizenship or permanent residence where as the ITAR looks at the person's country of origin (i.e., country of birth) and all current citizenships.