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22 U.S.C. § 6305 — Definitions

submitted 32 years ago by Pub. L. 103-236 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 402 words · no verdicts yet

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This section defines terms used in this subchapter, including foreign and United States persons, goods or technology, IAEA safeguards, nuclear explosive devices, nuclear-weapon status, special nuclear material, and unsafeguarded material.

For this subchapter: (1) “Foreign person” means (A) an individual who is neither a United States citizen nor an alien admitted for permanent residence, or (B) a nongovernment corporation, partnership, or other entity formed under foreign law or with its main business location outside the United States. This section does not otherwise define “alien” or “principal place of business.” (2) “Goods or technology” means (A) nuclear materials and equipment, sensitive nuclear technology as defined in section 3203, items designated by the President under 42 U.S.C. 2139a(c), and technical assistance requiring authorization under 42 U.S.C. 2077(b); and (B), for exports from a country other than the United States, goods or technology that would fit (A) if exported from the United States. (3) “IAEA safeguards” means safeguards in an agreement between a country and the International Atomic Energy Agency authorized by Article III(A)(5) of that agency's statute. (4) “Nuclear explosive device” means an assembled or disassembled device designed to release nuclear energy instantly from special nuclear material in an amount greater than the energy from detonating 1 pound of TNT. (5) “Non-nuclear-weapon state” means a country that is not a nuclear-weapon state as defined by Article IX(3) of the Non-Proliferation Treaty signed at Washington, London, and Moscow on July 1, 1968. (6) “Special nuclear material” has the meaning in 42 U.S.C. 2014(aa). (7) “United States person” means (A) a United States citizen or an alien admitted for permanent residence, or (B) a nongovernment corporation, partnership, or other entity that is not a foreign person. This section does not otherwise define “alien.” (8) “Unsafeguarded special nuclear material” means special nuclear material held in violation of IAEA safeguards or not covered by them, excluding material that could be exported from the United States under a Nuclear Regulatory Commission general license.

the actual law source: uscode.house.gov ↗public domain

For purposes of this subchapter—

(1)

the term “foreign person” means—

(A)

an individual who is not a citizen of the United States or an alien admitted for permanent residence to the United States; or

(B)

a corporation, partnership, or other nongovernment entity which is created or organized under the laws of a foreign country or which has its principal place of business outside the United States;

(2)

the term “goods or technology” means—

(A)

nuclear materials and equipment and sensitive nuclear technology (as such terms are defined in section 3203 of this title), all export items designated by the President pursuant to section 2139a(c) of title 42, and all technical assistance requiring authorization under section 2077(b) of title 42, and

(B)

in the case of exports from a country other than the United States, any goods or technology that, if exported from the United States, would be goods or technology described in subparagraph (A);

(3)

the term “IAEA safeguards” means the safeguards set forth in an agreement between a country and the International Atomic Energy Agency, as authorized by Article III(A)(5) of the Statute of the International Atomic Energy Agency;

(4)

the term “nuclear explosive device” means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT);

(5)

the term “non-nuclear-weapon state” means any country which is not a nuclear-weapon state, as defined by Article IX (3) of the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow on July 1, 1968;

(6)

the term “special nuclear material” has the meaning given that term in section 2014(aa) of title 42;

(7)

the term “United States person” means—

(A)

an individual who is a citizen of the United States or an alien admitted for permanent residence to the United States; or

(B)

a corporation, partnership, or other nongovernment entity which is not a foreign person; and

(8)

the term “unsafeguarded special nuclear material” means special nuclear material which is held in violation of IAEA safeguards or not subject to IAEA safeguards (excluding any quantity of material that could, if it were exported from the United States, be exported under a general license issued by the Nuclear Regulatory Commission).

Source credit: (Pub. L. 103–236, title VIII, § 830, Apr. 30, 1994, 108 Stat. 521.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-236 · 108 Stat. 521

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-236 on 1994-04-30.

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