§ 231.104. Foreign entity of concern.

462 words·~2 min read·/us/cfr/t15/s§ 231.104·

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Foreign entity of concern means any foreign entity that is---

(a)Designated as a foreign terrorist organization by the Secretary of State under 8 U.S.C. 1189;

(b)Included on the Department of Treasury's list of Specially Designated Nationals and Blocked Persons (SDN List), or for which one or more individuals or entities included on the SDN list, individually or in the aggregate, directly or indirectly, hold at least 50 percent of the outstanding voting interest;

(c)Owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation (as defined in 10 U.S.C. 4872(d));

(1)A person is owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country listed in 10 U.S.C. 4872(d) where:

(i)The person is:

(A)a citizen, national, or resident of a foreign country listed in 10 U.S.C. 4872(d); and

(B)located in a foreign country listed in 10 U.S.C. 4872(d);

(ii)The person is organized under the laws of or has its principal place of business in a foreign country listed in 10 U.S.C. 4872(d);

(iii)25 percent or more of the person's outstanding voting interest, board seats, or equity interest is held directly or indirectly by the government of a foreign country listed in 10 U.S.C. 4872(d); or

(iv)25 percent or more of the person's outstanding voting interest, board seats, or equity interest is held directly or indirectly by any combination of the persons who fall within subsections (i)-(iii);

(d)Alleged by the Attorney General to have been involved in activities for which a conviction was obtained under---

(1)The Espionage Act, 18 U.S.C. 792 et seq.;

(2)18 U.S.C. 951;

(3)The Economic Espionage Act of 1996, 18 U.S.C. 1831 et seq.;

(4)The Arms Export Control Act, 22 U.S.C. 2751 et seq.;

(5)The Atomic Energy Act, 42 U.S.C. 2274, 2275, 2276, 2277, or 2284;

(6)The Export Control Reform Act of 2018, 50 U.S.C. 4801 et seq.;

(7)The International Economic Emergency Powers Act, 50 U.S.C. 1701 et seq.; or

(8)18 U.S.C. 1030.

(e)Included on the Bureau of Industry and Security's Entity List (15 CFR part 744, supplement no. 4);

(f)Included on the Department of the Treasury's list of Non-SDN Chinese Military-Industrial Complex Companies (NS-CMIC List), or for which one or more individuals or entities included on the NS-CMIC list, individually or in the aggregate, directly or indirectly, hold at least 50 percent of the outstanding voting interest; or

(g)Determined by the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States under this chapter.

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