Covered Persons – DOJ
The Department of Justice defines Covered Persons (28 CFR § 202.211) in relation to:
From Dept. of Justice Sept. 2025 National Security Division (NSD) Data Security Program FAQs:
“What is a covered person?
A covered person is an individual or entity that either falls into one of the Data Security Program’s (DSP) categories of covered persons, or that NSD has designated as a covered person.Under § 202.211(a), the four self-executing categories of covered persons, which exclude U.S. persons, are:
- (1) foreign entities headquartered in or organized under the laws of a country of concern;
- (2) foreign entities 50% or more owned by a country of concern or covered person;
- (3) foreign individuals primarily resident in a country of concern; and
- (4) foreign individuals who are employees or contractors of a covered person entity or a country-of-concern government.
Any person falling into one or more of these categories is automatically a covered person without further action by NSD. To assist in compliance, however, NSD may choose to publicly identify some covered persons in those categories on its Covered Persons List. The identification of such covered persons, however, does not eliminate U.S. persons’ obligation to take reasonable steps, as part of a risk-based compliance program, to ascertain whether other individuals and entities fall into one or more of those categories of covered persons.
Under § 202.211(a)(5), NSD may also designate any person (including a U.S. person) as a covered person upon determining that the persons meets certain listed criteria, such as being subject to the ownership or control of a country of concern. NSD will add any designated covered persons to the Covered Persons List. Designated covered persons remain covered persons even when located in the United States.”