[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR800.222]



[Page 935]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

  CHAPTER VIII--OFFICE OF INTERNATIONAL INVESTMENT, DEPARTMENT OF THE 

                                TREASURY

 

PART 800_REGULATIONS PERTAINING TO MERGERS, ACQUISITIONS, AND TAKEOVERS 

BY FOREIGN PERSONS--Table of Contents

 

                          Subpart B_Definitions

 

Sec. 800.222  United States person.



    The term U.S. person or United States person means any natural 

person or entity but, in the case of the latter, only to the extent of 

its business activities in interstate commerce in the United States, 

irrespective of the nationality of the natural persons or entities which 

control it.



    Example 1. Corporation A is organized under the laws of a foreign 

state and is wholly owned and controlled by a foreign national. It 

engages in business activities in a state of the U.S. through a branch 

office or subsidiary. That branch office or subsidiary of Corporation A 

is an ``entity'' and a ``U.S. person.'' The branch office or subsidiary 

is also a foreign person under Sec. 800.213.

    Example 2. Same facts as in the first sentence of Example 1. 

Corporation A, however, does not have a branch office, subsidiary or 

fixed place of business in the United States. It exports and licenses 

technology to an unrelated company in the United States. Corporation A 

is not a ``U.S. person.''

    Example 3. Corporation A is organized under the laws of a foreign 

state and is wholly owned and controlled by Corporation X. Corporation X 

is organized in the United States and is wholly owned and controlled by 

U.S. nationals. Corporation A does not have a branch office, subsidiary, 

or fixed place of business in the United States. It exports goods to 

Corporation X and to unrelated companies in the United States. The sale 

of Corporation A by Corporation X to a foreign person would not 

constitute an acquisition of a U.S. person for purposes of section 721.



[56 FR 58780, Nov. 21, 1991. Redesignated and amended at 59 FR 27179, 

May 25, 1994]