[Code of Federal Regulations]
[Title 31, Volume 3]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 31CFR800.213]

[Page 699-700]
 
                  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 
 
                          Subpart B_Definitions
 
Sec. 800.213  Foreign person.

    The term foreign person means
    (a) Any foreign national or
    (b) Any entity over which control is exercised or exercisable by a 
foreign interest.

    Example 1. Corporation A is organized under the laws of a foreign 
state and is engaged in business outside the United States. All its 
shares are held by Corporation X, which controls Corporation A. 
Corporation X

[[Page 700]]

is organized in the United States, and is wholly owned and controlled by 
U.S. nationals. Corporation A, although organized and operating outside 
the U.S., is not a ``foreign person,'' and its acquisition of a U.S. 
person would not be subject to section 721.
    Example 2. Same facts as in the first two sentences of Example 1, 
except that Country A through governmental intervenors exercises full 
decision-making power over Corporation A, including the decisions 
described in Sec. 800.204 (a) through (e). There is a foreign interest 
which is exercising control over Corporation A, which is a ``foreign 
person.''
    Example 3. Corporation A is organized under the laws of a foreign 
state and is owned and controlled by a foreign national. Through a 
branch, Corporation A engages in business in the United States. 
Corporation A and/or its branch is a ``foreign person'' should 
Corporation A make an acquisition. Its branch business in the United 
States is also a ``U.S. person'' which may be the subject of an 
acquisition.

[56 FR 58780, Nov. 21, 1991. Redesignated at 59 FR 27179, May 25, 1994]