Sec. 4411. Definitions
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In this title: The term appropriate congressional committees means— the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and the Committee on Foreign Relations and the Committee on Appropriations of the Senate. The term cash flow financing means the dollar amount of the difference between the total estimated price of a Letter of Offer and Acceptance or other purchase agreement that has been approved for financing under this title and the amount of the financing that has been approved therefor.
The term “Category I space launch vehicle system” means a category I system as defined in the MTCR Annex for the launching of payloads into outer space, as well as the specially designed production facilities for these systems. The term defense article — includes— any weapon, weapons system, munition, aircraft, vessel, boat, or other implement of war and related technical data; any property, installation, commodity, material, equipment, supply, or goods used for the purposes of making military sales; any machinery, facility, tool, material, supply, or other item necessary for the manufacture, production, processing, repair, servicing, storage, construction, transportation, operation, or use of any article listed in this paragraph; and any significant component or part of any article listed in this paragraph that has been specifically designed or significantly modified for a military application; but does not include— merchant vessels; or source material (except uranium depleted in the isotope 235 which is incorporated in defense articles solely to take advantage of high density or pyrophoric characteristics unrelated to radioactivity), byproduct material, special nuclear material, production facilities, utilization facilities, or atomic weapons or articles involving Restricted Data, as defined by the Atomic Energy Act of 1954.
In subparagraph (A)(i)(IV)— the term significant component or part means a component or part that is essential to a military function; and the term significantly modified means a modification that constitutes an alteration of 25 percent or greater of the component or part from a non-military version. The term defense service — includes any service, test, inspection, repair, training, publication, technical or other assistance, or defense information used for the purposes of making military sales; but does not include design and construction services under section 4311.
In subparagraph (A)(i), the term defense information includes any document, writing, sketch, photograph, plan, model, specification, design, prototype, or other recorded or oral information relating to any defense article or defense service, but does not include Restricted Data as defined by the Atomic Energy Act of 1954 and data removed from the Restricted Data category under section 142d of that Act. The term design and construction services means, with respect to sales under section 4251, the design and construction of real property facilities, including necessary construction equipment and materials, engineering services, construction contract management services relating thereto, and technical advisory assistance in the operation and maintenance of real property facilities provided or performed by the Department of Defense or by a contractor pursuant to a contract with such department or agency.
The term end item means an assembled article that is ready for its intended use and for which only ammunition, fuel, or another energy source is required to place the item in its operating state. The term excess defense article means defense articles (other than construction equipment, including tractors, scrapers, loaders, graders, bulldozers, dump trucks, generators, and compressors) owned by the United States Government, and not procured in anticipation of security assistance or sales requirements, or pursuant to a security assistance or sales order, which is in excess of the Approved Force Acquisition Objective and Approved Force Retention Stock of all Department of Defense Components at the time such articles are dropped from inventory by the supplying agency for delivery to countries or international organizations under this Act.
The term incentive payments means direct monetary compensation made by a United States supplier of defense articles or defense services or by any employee, agent, or subcontractor thereof to any other United States person to induce or persuade that United States person to purchase or acquire goods or services produced, manufactured, grown, or extracted, in whole or in part, in the foreign country which is purchasing those defense articles or defense services from the United States supplier.
The term major defense equipment means any item of significant military equipment on the United States Munitions List having a nonrecurring research and development cost of more than $50,000,000 or a total production cost of more than $200,000,000. The term major United States ally means a country that is designated in accordance with section 4409 as a major United States ally for purposes of this Act. The term NATO/SHAPE project means a common-funded project supported by allocated credits from North Atlantic Treaty Organization bodies or by host nations with NATO Infrastructure funds.
The term nuclear explosive device has the meaning given that term in section 830(4) of the Nuclear Proliferation Prevention Act of 1994. The term offset agreement means an agreement, arrangement, or understanding between a United States supplier of defense articles or defense services and a foreign country under which the supplier agrees to purchase or acquire, or to promote the purchase or acquisition by other United States persons of, goods or services produced, manufactured, grown, or extracted, in whole or in part, in that foreign country in consideration for the purchase by the foreign country of defense articles or defense services from the supplier.
The term security assistance survey means any survey or study conducted in a foreign country by United States Government personnel for the purpose of assessing the needs of that country for security assistance, and includes defense requirement surveys, site surveys, general surveys or studies, and engineering assessment surveys. The term significant military equipment means articles— for which special export controls are warranted because of the capacity of such articles for substantial military utility or capability; and identified on the United States Munitions List.
The term small arm or light weapon means— an item listed in Category I(a) of the United States Munitions List, an item listed in Category III (as it applies to Category I(a)) of the United States Munitions List, or a grenade listed in Category IV(a) of the United States Munitions List, that requires a license for international export under this title. The term strategic United States ally means any member country of the North Atlantic Treaty Organization (NATO), Australia, Israel, Japan, the Republic of Korea, or New Zealand.
The term training includes formal or informal instruction of foreign students in the United States or overseas by officers or employees of the United States, contract technicians, or contractors (including instruction at civilian institutions), or by correspondence courses, technical, educational, or information publications and media of all kinds, training aid, orientation, training exercise, and military advice to foreign military units and forces. The term United States , when used geographically, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States.
The term value means, in the case of an excess defense article, except as otherwise provided in section 4311(a), not less than the greater of— the gross cost incurred by the United States Government in repairing, rehabilitating, or modifying such article, plus the scrap value; or the market value, if ascertainable. The term weapon system partnership agreement means an agreement between two or more member countries of the Maintenance and Supply Agency of the North Atlantic Treaty Organization that— is entered into pursuant to the terms of the Charter of the North Atlantic Treaty Organization; and is for the common logistic support of a specific weapon system common to the participating countries.
The term weapons of mass destruction has the meaning given such term in section 1403(1) of the Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of Public Law 104–201 ; 110 Stat. 2717; 50 U.S.C. 2302(1) ).
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U.S. Code
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- Pub. L. 104-201
- 110 Stat. 2717
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