§ 2797c. Definitions
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/usc/title-22/section-2797cA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In general For purposes of this subchapter—
(1)the term “missile” means a category I system as defined in the MTCR Annex, and any other unmanned delivery system of similar capability, as well as the specially designed production facilities for these systems;
(2)the term “Missile Technology Control Regime” or “MTCR” means the policy statement, between the United States, the United Kingdom, the Federal Republic of Germany, France, Italy, Canada, and Japan, announced on April 16, 1987, to restrict sensitive missile-relevant transfers based on the MTCR Annex, and any amendments thereto;
(3)the term “MTCR adherent” means a country that participates in the MTCR or that, pursuant to an international understanding to which the United States is a party, controls MTCR equipment or technology in accordance with the criteria and standards set forth in the MTCR;
(4)the term “MTCR Annex” means the Guidelines and Equipment and Technology Annex of the MTCR, and any amendments thereto;
(5)the terms “missile equipment or technology” and “MTCR equipment or technology” mean those items listed in category I or category II of the MTCR Annex;
(6)the term “United States person” has the meaning given that term in section 4618(2) 1 of title 50;
(7)the term “foreign person” means any person other than a United States person;
(A)the term “person” means a natural person as well as a corporation, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise, and any successor of any such entity; and
(B)in the case of countries with non-market economies (excluding former members of the Warsaw Pact), the term “person” means—
(i)all activities of that government relating to the development or production of any missile equipment or technology; and
(ii)all activities of that government affecting the development or production of electronics, space systems or equipment, and military aircraft; and
(9)the term “otherwise engaged in the trade of” means, with respect to a particular export or transfer, to be a freight forwarder or designated exporting agent, or a consignee or end user of the item to be exported or transferred.
(b)International understanding defined For purposes of subsection (a)(3), as it relates to any international understanding concluded with the United States after January 1, 2000, the term “international understanding” means—
(1)any specific agreement by a country not to export, transfer, or otherwise engage in the trade of any MTCR equipment or technology that contributes to the acquisition, design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under this chapter; or
(2)any specific understanding by a country that, notwithstanding section 2797b(b) of this title, the United States retains the right to take the actions under section 2797b(a)(2) of this title in the case of any export or transfer of any MTCR equipment or technology that contributes to the acquisition, design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under this chapter.
(Pub. L. 90–629, ch. 7, § 74, as added Pub. L. 101–510, div. A, title XVII, § 1703, Nov. 5, 1990, 104 Stat. 1748; amended Pub. L. 102–138, title III, § 323(b), (c), Oct. 28, 1991, 105 Stat. 711; Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XI, § 1136(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–495.)
Connections38 cite this · traces to 3
Cited by 38 sections · top 27
U.S. Code
- § 2778Control of arms exports and imports
- § 2776Reports and certifications to Congress on military exports
- § 2797bTransfers of missile equipment or technology by foreign persons
- § 2368Annual reports on the proliferation of missiles and essential components of nuclear, biological, chemical, and radiological weapons
- § 8008
- § 1512CERTIFICATION OF EXPORTS OF MISSILE EQUIPMENT OR TECHNOLOGY TO CHINA.
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statutes-at-large
- Public Law 106–113Making consolidated appropriations for the fiscal year ending September 30, 2000,and for other purposes
- Public Law 101–510To authorize appropriations for fiscal year 1991 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 109–401To exempt from certain requirements of the Atomic Energy Act of 1954 a proposed nuclear agreement for cooperation with India
- Public Law 106–280To amend the Foreign Assistance Act of 1961 and the Arms Export Control Act to make improvements to certain defense and security assistance provisions under those Acts, to authorize the transfer of naval vessels to certain foreign countries, and for other purposes
- Public Law 102–190To authorize appropriations for fiscal years 1992 and 1993 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal years for the Armed Forces, and for other purposes
- Public Law 107–228To authorize appropriations for the Department of State for fiscal year 2003, to authorize appropriations under the Arms Export Control Act and the Foreign Assistance Act of 1961 for security assistance for fiscal year 2003, and for other purposes
- Public Law 102–138To authorize appropriations for fiscal years 1992 and 1993 for the Department of State, and for other purposes
- Public Law 105–261To authorize appropriations for fiscal year 1999 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
statute-compilations
Traces to 3 documents
U.S. Code
14 references not yet in our index
- 1
- Pub. L. 90–629
- Pub. L. 101–510, div. A, title XVII, § 1703
- 104 Stat. 1748
- Pub. L. 102–138, title III, § 323(b)
- 105 Stat. 711
- Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XI, § 1136(a)]
- 113 Stat. 1536
- Section 4618(2) of title 50
- 132 Stat. 2232
- 82 Stat. 1321
- Pub. L. 106–113
- Pub. L. 102–138, § 323(b)
- Pub. L. 102–138, § 323(c)
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cites case law
§ 2797c
Definitions
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Cite1
Pub. L.Pub. L. 90–629
Pub. L.Pub. L. 101–510, div. A, title XVII, § 1703
Stat.104 Stat. 1748
Pub. L.Pub. L. 102–138, title III, § 323(b)
Cites 17 · showing 8Cited by 38 across 5 sources