§ 2797c. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2797c]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 39--ARMS EXPORT CONTROL
SUBCHAPTER VII--CONTROL OF MISSILES AND MISSILE EQUIPMENT OR TECHNOLOGY
Sec. 2797c. Definitions
(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 2415(2) of title 50, Appendix;
(7) the term ``foreign person'' means any person other than a
United States person;
(8)(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) of this section, 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, Sec. 74, as added Pub. L. 101-510, div. A, title
XVII, Sec. 1703, Nov. 5, 1990, 104 Stat. 1748; amended Pub. L. 102-138,
title III, Sec. 323(b), (c), Oct. 28, 1991, 105 Stat. 711; Pub. L. 106-
113, div. B, Sec. 1000(a)(7) [div. B, title XI, Sec. 1136(a)], Nov. 29,
1999, 113 Stat. 1536, 1501A-495.)
Amendments
1999--Pub. L. 106-113 designated existing provisions as subsec. (a),
inserted heading, and added subsec. (b).
1991--Par. (8)(B). Pub. L. 102-138, Sec. 323(b), substituted
``countries with non-market economies (excluding former members of the
Warsaw Pact)'' for ``countries where it may be impossible to identify a
specific governmental entity referred to in subparagraph (A)''.
Par. (8)(B)(ii). Pub. L. 102-138, Sec. 323(c), substituted
``electronics, space systems or equipment, and military aircraft'' for
``aircraft, electronics, and space systems or equipment''.
Section Referred to in Other Sections
This section is referred to in sections 2776, 2797b-2 of this title;
title 50 section 2368.
