Sec. 802. Definitions
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In this title: The term controlled means the export, reexport, or transfer of an item subject to the jurisdiction of the United States under subtitle A. The term dual-use , with respect to an item, means the item has civilian applications and military, terrorism, weapons of mass destruction, or law-enforcement-related applications. The term export , with respect to an item subject to controls under subtitle A, includes— the shipment or transmission of the item out of the United States, including the sending or taking of the item out of the United States, in any manner; and the release or transfer of technology or source code relating to the item to a foreign person in the United States.
The term Export Administration Regulations means— the Export Administration Regulations as promulgated, maintained, and amended under the authority of the International Emergency Economic Powers Act and codified, as of the date of the enactment of this Act, in subchapter C of chapter VII of title 15, Code of Federal Regulations; or regulations that are promulgated, maintained, and amended under the authority of subtitle A on or after the date of the enactment of this Act. The term foreign person means a person that is not a United States person.
The term item means a commodity, software, or technology. The term person means— a natural person; a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, or any government or agency thereof; and any successor to any entity described in subparagraph (B). The term reexport , with respect to an item subject to controls under subtitle A, includes— the shipment or transmission of the item from a foreign country to another foreign country, including the sending or taking of the item from the foreign country to the other foreign country, in any manner; and the release or transfer of technology or source code relating to the item to a foreign person outside the United States.
Except as otherwise provided, the term Secretary means the Secretary of Commerce. The term technology includes foundational information and information and know-how necessary for the development (at all stages prior to serial production), production, use, operation, installation, maintenance, repair, overhaul or refurbishing of an item. The term transfer , with respect to an item subject to controls under title I, means a change in the end-use or end user of the item within the same foreign country.
The term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. The term United States person means— for purposes of subtitles A and C— any individual who is a citizen or national of the United States or who is an individual described in subparagraph
(B)of section 274B(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324b(a)(3) ); a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia; and any person in the United States; and for purposes of subtitle B, any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern) and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations by the Secretary. The term weapons of mass destruction means nuclear, radiological, chemical, and biological weapons and delivery systems for such weapons.
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