The term “controlled” refers to an item subject to the jurisdiction of the United States under subchapter I.
(2)
Dual-use
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.
(3)
Export
The term “export”, with respect to an item subject to controls under subchapter I, includes—
(A)
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
(B)
the release or transfer of technology or source code relating to the item to a foreign person in the United States.
(4)
Export Administration Regulations
The term “Export Administration Regulations” means—
(A)
50 U.S.C. 1701 the Export Administration Regulations as promulgated, maintained, and amended under the authority of the International Emergency Economic Powers Act [ et seq.] and codified, as of , in subchapter C of chapter VII of title 15, Code of Federal Regulations; or
(B)
regulations that are promulgated, maintained, and amended under the authority of subchapter I on or after .
(5)
Foreign person
The term “foreign person” means—
(A)
section 1324b(a)(3) of title 8 any natural person who is not a lawful permanent resident of the United States, citizen of the United States, or any other protected individual (as such term is defined in );
(B)
any corporation, business association, partnership, trust, society or any other entity or group that is not incorporated in the United States or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of a foreign government (e.g., diplomatic mission).
(6)
In-country transfer
The term “in-country transfer”, with respect to an item subject to controls under subchapter I, means a change in the end-use or end user of the item within the same foreign country.
(7)
Item
The term “item” means a commodity, software, or technology.
(8)
Person
The term “person” means—
(A)
a natural person;
(B)
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
(C)
any successor to any entity described in subparagraph (B).
(9)
Reexport
The term “reexport”, with respect to an item subject to controls under subchapter I, includes—
(A)
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
(B)
the release or transfer of technology or source code relating to the item to a foreign person outside the United States.
(10)
Secretary
Except as otherwise provided, the term “Secretary” means the Secretary of Commerce.
(11)
Technology
The term “technology” includes information, in tangible or intangible form, necessary for the development, production, or use of an item.
(12)
United States
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.
(13)
United States person
The term “United States person” means—
(A)
for purposes of subchapter I—
(i)
section 1324b(a)(3) of title 8 any individual who is a citizen or national of the United States or who is an individual described in subparagraph (B) of ;
(ii)
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
(iii)
any person in the United States; and
(B)
for purposes of subchapter II, 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.
(14)
Weapons of mass destruction
The term “weapons of mass destruction” means nuclear, radiological, chemical, and biological weapons and delivery systems for such weapons.
Pub. L. 115–232132 Stat. 2208section 1741 of Pub. L. 115–232This chapter, referred to in text, was in the original “this subtitle”, meaning subtitle B (§§ 1741–1781) of title XVII of div. A of , , , known as the Export Control Reform Act of 2018, which is classified principally to this chapter. For complete classification of subtitle B to the Code, see , set out as a Short Title note below and Tables.
Pub. L. 115–232section 1751 of Pub. L. 115–232Subchapter I, referred to in pars. (1), (3), (4)(B), (6), (9), and (13)(A), was in the original “part I”, meaning part I (§§ 1751–1768) of subtitle B of title XVII of div. A of , known as the Export Controls Act of 2018, which is classified principally to subchapter I of this chapter. For complete classification of part I to the Code, see , set out as a Short Title note below and Tables.
Pub. L. 95–22391 Stat. 1626section 1701 of this titleThe International Emergency Economic Powers Act, referred to in par. (4)(A), is title II of , , , which is classified generally to chapter 35 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 115–232section 5314 of Title 5section 2516 of Title 18section 4601 of this titlesection 3108 of Title 22“This subtitle [subtitle B (§§ 1741–1781) of title XVII of div. A of , enacting this chapter, amending , Government Organization and Employees, and , Crimes and Criminal Procedure, repealing sections 4601 to 4610 and 4614 to 4623 of this title, enacting provisions set out as notes under this section and , and repealing provisions set out as notes under sections 4601, 4606, and 4609 of this title and , Foreign Relations and Intercourse] may be cited as the ‘Export Control Reform Act of 2018’.”
Pub. L. 115–232section 2516 of Title 18section 4601 of this titlesection 3108 of Title 22“This part [part I (§§ 1751–1768) of subtitle B of title XVII of div. A of , enacting subchapter I of this chapter, amending , Crimes and Criminal Procedure, repealing sections 4601 to 4610 and 4614 to 4623 of this title, enacting provisions set out as notes under , and repealing provisions set out as notes under sections 4601, 4606, and 4609 of this title and , Foreign Relations and Intercourse] may be cited as the ‘Export Controls Act of 2018’.”
Pub. L. 115–232“This part [part II (§§ 1771–1774) of subtitle B of title XVII of div. A of , enacting subchapter II of this chapter] may be cited as the ‘Anti-Boycott Act of 2018’.”