US Deemed export and dual citizens
<p>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).</p>
<p>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?</p>
<p>Does the US or foreign nationality take precedence in this case?  I'm certain it would be a Bad Thing<sup>TM</sup> to do either way, but the training course never touched on it.</p>

<p>See <a href="https://www.ecfr.gov/current/title-15/subtitle-B/chapter-VII/subchapter-C/part-734/section-734.13" rel="nofollow noreferrer">15 CFR 734.13</a></p>
<blockquote>
<p>(a) Except as set forth in § 734.17 or § 734.18, Export means:...</p>
<p>(2) Releasing or otherwise transferring “technology” or source code
(but not object code) to <strong>a foreign person</strong> in the United States (a
“deemed export”);</p>
</blockquote>
<p>(emphasis added). A US dual citizen is not a foreign person, see <a href="https://www.ecfr.gov/current/title-15/subtitle-B/chapter-VII/subchapter-C/part-772/section-772.1" rel="nofollow noreferrer">15 CFR 772.1</a>:</p>
<blockquote>
<p>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).</p>
</blockquote>

dual-citizenship export itar