U.S. Person Verification
Under both ITAR (22 CFR 120.15) and EAR (15 CFR 772.1), a U.S. Person is defined as a U.S. citizen, lawful permanent resident (green card holder), or a protected individual under 8 U.S.C. 1324b(a)(3). Additionally, U.S. Person status extends to any entity organized under U.S. law (corporations, partnerships, etc.) and any U.S. government agency. Verifying U.S. Person status is a prerequisite for accessing export-controlled technology, including software classified under ECCN 5D002 or listed on the USML. Companies distributing controlled technology must implement reasonable verification procedures and maintain records of all access grants. Misrepresentation of U.S. Person status may result in civil and criminal penalties under both EAR and ITAR enforcement provisions.
How XO Defense Addresses This
XO Defense implements U.S. Person verification as a required step in its access request workflow. Before any user can access 5D002-classified protocol documentation, SDK credentials, or NDA materials, they must certify their U.S. Person status through a verified attestation. The access request form explicitly references both ITAR (22 CFR 120.15) and EAR (15 CFR 772.1) definitions and includes language regarding civil and criminal penalties for misrepresentation. All access grants are reviewed by the XO Defense program office, and approved applicants receive NDA documentation before SDK credential issuance.
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