[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: 31CFR800.222]

[Page 701]
 
                  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. 800.222  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]