A broker is any U.S. person wherever located, foreign person in the United States, or foreign person abroad owned (more than 50 percent) or controlled by a U.S. person, that engages in brokering activities: any action on behalf of another to facilitate the manufacture, export, permanent import, transfer, reexport or retransfer of a U.S. or foreign defense article or service, including financing, insuring, transporting or forwarding, and soliciting, promoting, negotiating, contracting for or arranging sales, leases or loans; excluded are domestic-only sales by U.S. persons in the United States, U.S. Government officials, regular employees acting for their employer, administrative services, affiliates acting for affiliates, end users and reexporters under their own approvals, and EAR items; one occasion is enough (129.2). Brokers must register with DDTC, except foreign governments and persons exclusively financing, insuring, transporting, customs brokering or forwarding (though financiers arranging transactions or holding title must register); registered manufacturers and exporters can list broker affiliates in their own statement (129.3).
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