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Code · BILL · 116th Congress · S. 3798 (Introduced in Senate) — To impose sanctions with respect to foreign persons involved in the erosion of certain obligations of China with resp... · Sec. 2

Sec. 2. Definitions

668 words·~3 min read·/bill/116/s/3798/is/section-2

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In this Act: The terms alien , national , and national of the United States have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). The term appropriate congressional committees and leadership means— the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Select Committee on Intelligence, and the majority leader and the minority leader of the Senate; and the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, the Permanent Select Committee on Intelligence, and the Speaker and the minority leader of the House of Representatives.
The term Basic Law means the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China. The term China means the People's Republic of China. The term entity means a partnership, joint venture, association, corporation, organization, network, group, or subgroup, or any other form of business collaboration. The term financial institution means a financial institution specified in section 5312(a)(2) of title 31, United States Code. Except as provided in subparagraph (B), the term foreign financial institution means any foreign entity that is engaged in the business of accepting deposits, making, granting, transferring, holding, or brokering loans or credits, or purchasing or selling foreign exchange, securities, commodity futures or options, or procuring purchasers and sellers thereof, as principal or agent, including— a depository institution; a bank; a savings bank; a money service business; a trust company; a securities broker or dealer; a commodity futures and options broker or dealer; a forward contract or foreign exchange merchant; a securities or commodities exchange; a clearing corporation; an investment company; an employee benefit plan; a dealer in precious metals, stones, or jewels; and any holding company, affiliate, or subsidiary of an entity specified in any of clauses
(i)through (xiii). The term foreign financial institution does not include— an international financial institution, as defined in section 1701(c) of the International Financial Institutions Act ( 22 U.S.C. 262r(c) ); the International Fund for Agricultural Development; the North American Development Bank; or any other international financial institution specified by the Office of Foreign Assets Control of the Department of the Treasury. The term foreign person — means— any citizen or national of a foreign country; or any entity not organized under the laws of the United States or a jurisdiction within the United States; and does not include the government of a foreign country. The term Hong Kong means the Hong Kong Special Administrative Region of the People's Republic of China. The term Joint Declaration means the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, done at Beijing on December 19, 1984. The term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. The term person means an individual or entity. The term significant transaction means a transaction determined by the Secretary of the Treasury to be significant on the basis of the following factors— the size, number, and frequency of the transaction; the nature of the transaction; whether the transaction is part of a pattern of conduct; the nexus between the transaction and a person subject to sanctions under this Act; and the impact of the transaction on the objectives of this Act. The term United States person means— any citizen or national of the United States; any alien lawfully admitted for permanent residence in the United States; any entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of such an entity); or any person located in the United States.
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