31 C.F.R. Subpart C—General Definitions
Title 31 - Money and Finance: Treasury
The term designated foreign person means any person determined by the Secretary of State pursuant to section 4(a) of Executive Order 12938 of November 14, 1994 (59 FR 59099, 3 CFR, 1994 Comp., p. 950), as amended by section 1(a) of Executive Order 13094 of July 28, 1998 (63 FR 40803, July 30, 1998), to be subject to import measures. Designated foreign persons are any persons listed in appendix I to this part and any entities owned or controlled by any person listed in appendix I to this part unless otherwise indicated in appendix I to this part. The term effective date means the “effective date” specified in the relevant The term entity means a partnership, association, trust, joint venture, corporation, or other organization. The term entity owned or controlled by a person listed in appendix I to this part includes any subsidiaries and branches, wherever located, of entities listed in appendix I to this part, any successors to such entities, and any persons acting or purporting to act for or on behalf of any of the foregoing. The term general license means any license the terms of which are set forth in this part. With respect to the prohibitions in §§539.201 and 539.202, the term goods, technology, or services produced or provided by a designated foreign person includes but is not limited to the following: (a) Goods grown, manufactured, extracted, or processed by a designated foreign person; (b) Technology developed, owned, licensed, or otherwise controlled by a designated foreign person; (c) Services performed by or on behalf of a designated foreign person, or by a third party under contract, directly or indirectly, to a designated foreign person, regardless of location. The term importation into the United States means: (a) With respect to goods or technology, the bringing of any goods or technology into the United States, except that in the case of goods or technology being transported by vessel, importation into the United States means the bringing of any goods or technology into the United States with the intent to unlade. See also §539.404. (b) With respect to services, the receipt in the United States of services or of the benefit of services wherever such services may be performed. The benefit of services is received in the United States if the services are: (1) Performed on behalf of or for the benefit of a person located in the United States; (2) Received by a person located in the United States; (3) Received by a person located outside the United States on behalf of or for the benefit of an entity organized in the United States; or (4) Received by an individual temporarily located outside the United States for the purpose of obtaining such services for use in the United States. (c) The following example illustrates the provisions of paragraph (b) of this section: Example: An employee of an entity organized in the United States may not, without specific authorization from the Office of Foreign Assets Control, receive from a designated foreign person consulting services for use in the United States. (a) For purposes of this part, the term information or informational materials includes, but is not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds. (b) To be considered information or informational materials, artworks must be classified under chapter heading 9701, 9702, or 9703 of the Harmonized Tariff Schedule of the United States. Except as otherwise specified, the term license means any license or authorization contained in or issued pursuant to this part. The term person means an individual or entity. The term specific license means any license not set forth in this part but issued pursuant to this part. The term United States means the United States, its territories and possessions, and all areas under the jurisdiction or authority thereof. The term United States person or U.S. person means any United States citizen, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or any person in the United States.
Title 31: Money and Finance: Treasury
PART 539—WEAPONS OF MASS DESTRUCTION TRADE CONTROL REGULATIONS
Subpart C—General Definitions
§ 539.301 Designated foreign person.
§ 539.302 Effective date.
§ 539.303 Entity.
§ 539.304 Entity owned or controlled by a person listed in appendix I to this part.
§ 539.305 General license.
§ 539.306 Goods, technology, or services produced or provided by a designated foreign person.
§ 539.307 Importation into the United States.
§ 539.308 Information or informational materials.
§ 539.309 License.
§ 539.310 Person.
§ 539.311 Specific license.
§ 539.312 United States.
§ 539.313 United States person; U.S. person.
